✦ High Court of India · 12 Feb 2024

Sl.No. 5 v. Md. Kabirul Islam & Anr.

Case Details High Court of India · 12 Feb 2024
Court
High Court of India
Case No.
Misc. Case No. 55 of 2000
Decided
12 Feb 2024
Bench
Not available
Length
1,117 words

under Section 125 Cr.P.C. before Judicial Magistrate First Class, Rewari who passed the order dated 16.02.2011. The Magistrate while deciding proceedings under Section 125 Cr.P.C. could not have exercised the jurisdiction under Section 20(3) of Act, 1956 and the submission of the appellant cannot be accepted that the Court below should have allowed the application for maintenance even though she has become 1 AIR 2020 Supreme Court 4355, AIRONLINE 2020 SC 727. 6 major. We do not find any infirmity in the order of the Judicial Magistrate First Class as well as learned Additional Magistrate in not granting maintenance to appellant who had become major”. Accordingly, the impugned order of rejection dated

31.05.2016 passed by Learned Judicial Magistrate, 2nd Court, Suri, Birbhum under Section 127 of the CrPC being Misc. Case No. 99/2014 is hereby affirmed. Consequentially, CRR No. 2237 of 2016 is dismissed without order as to costs. Pending application being CRAN 1/2016 (Old CRAN 3350/2016) is also, thus, disposed of. Department is directed to communicate this order to the learned trial Court immediately for information. All parties are to act in terms of the copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties as expeditiously as possible taking all legal formalities. (Ajay Kumar Gupta, J.)

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