The Delhi high court has ordered fresh examination of a girl's plea for maintenance from her father, made by her when she was still a minor, but dismissed by the trial court as she turned major during its pendency.
"The magistrate's order suffers from illegality and (is) not tenable," said justice M L Mehta while setting aside the trial court's order, which dismissed the girl's plea for maintenance from her father.
The high court directed a fresh look into the girl's plea for maintenance, saying "the magistrate seems to have overlooked" the provisions of the Criminal Procedure Code, which provide for maintenance to an unmarried and minor daughter as also to a daughter who is major but cannot maintain herself for reasons given in the Act.
The judge sent the girl's plea back to the trial court, saying, "The fact remains that the trial court order, whereby the maintenance has been declined to the petitioner solely on the ground that she was not entitled to it on account of having attained the majority, was not sustainable under law."
The high court asked the trial court to decide the girl's plea for maintenance from her father without getting influenced by its observations.