Court No. - 45
Case :- CRIMINAL REVISION No. - 1242 of 1997 Revisionist :- Santosh Kumar Diwedi Opposite Party :- Anshuj Counsel for Revisionist :- Sunil Ambawani,Om Sharan Goswami Counsel for Opposite Party :- AGA
Hon'ble Rohit Ranjan Agarwal,J.
Shri Om Sharan Goswami has filed Vakalatnama on behalf of the revisionist. He states that by order dated 02.09.1997 Family Judge, Jhansi had passed an order under Section 125 Cr.P.C. granting Rs. 400/- per month maintenance to minor child Anshuj. At the time of passing of the said order minor Anshuj was aged about 10 years as stated in paragraph 9 of the revision.
Shri Goswami states that now Anshuj has become major and the revisionist had deposited the amount as directed by the court below till 09.01.2004. He has passed on the copy of the tender by which deposit was being made in the court below as directed by this Court vide order dated 29th September, 1997.
The order granting maintenance to the minor child Anshuj is hereby set aside as minor child Anshuj has attained the majoriity and keeping in view the provisions of Section 125 (1)(b), whereby a person is required to maintain his legitimate and illegitimate minor child whether married or not who is unable to maintain itself. Further, Explanation - (a) to Section 125 Cr.P.C. clarifies that minor means a person under the provisions of Indian Majority Act, 1987 (Act No. 5 of 1987) is deemed not to have attained his majority.
According to Shri Goswami minor child Anshuj attained the majority in the year 2004 as such the revisionist was not liable to pay maintenance as contemplated under Section 125 Cr.P.C..
In view of the above, the order passed by the Family Court, Jhansi dated 02.09.1997 is set aside. The above criminal revision is disposed of in terms of the above order.
The tender deposited slip passed on by the counsel for the revisionist is taken on record.
Order Date :- 22.12.2018 AKJ