MALA SIDIQ Vs. DILSHADA BANOO

JUDGEMENT

(1.) A short but interesting question involved in this criminal reference is whether female children are entitled to grant of maintenance under Section 488 Cr. P.C. till they get married or their right to maintenance is restricted till they attain majority or are unable to maintain themselves whichever is earlier.

(2.) THE respondent Mst. Dilshada Bano is the daughter of the petitioner Mala Sadiq. The respondent was living with her mother who has been divorced by the petitioner. The respondent filed an application under Section 488 Cr. P.C. for grant of maintenance in the Court of Judicial Magistrate, Ganderbal in which learned Magistrate by his order dated 3.6.2002 awarded interim maintenance to the daughter -applicant.

(3.) THE father non -applicant challenged the order of learned Magistrate in revision before the learned Sessions Judge under Section 435 Cr. P.C. And learned Sessions Judge has recommended to this Court under Section 438 Cr.P.C. for setting aside the order passed by the Magistrate. Learned Sessions Judge has not himself gone into the determination of the question involved in the case but has found the impugned order of the Magistrate untenable in law because Magistrate had not considered the question in the light of the amended provision contained in Section 488 Cr. P.C.