Further action against magistrate's order
G.Padmanabhan
(Querist) 16 August 2015
This query is : Resolved
In a maintenance case filed by a wife against her husband, claiming maintenance for herself and her daughter, under Sec.125 Cr.P.C., the wife does not examine herself, but the daughter files proof affidavit against her father. When the case was filed, the daughter was minor and the petition was prosecuted by her mother. Before the matter reached trial state, the guardianship of the daughter was obtained by her Grand father under Guardians and wards act. At the stage of trial, the daughter (now turned 18 ) filed proof affidavit. The husband objected to the competence of the witness to swear to the proof affidavit on the ground that under the guardians and wards act, the minority of the minor person extended upto 21 years. However, magistrate has dismissed the application. What is the remedy available to the husband. Whether an appeal or revision will lie against the Magistrate's order?
ROHIT SHARMA
(Expert) 16 August 2015
1. If the guardian ship was decreed but the custody of such daughter was not given then such decree would be of no avail. Hence her filing an proof affidavit in place of her mother having attained majority age then such order of the court is valid. Still you can file an appeal or revision and see what is the fate of such appeal.
Rajendra K Goyal
(Expert) 17 August 2015
Husband may go for appeal, if not satisfied with the decision.
G.Padmanabhan
(Querist) 19 August 2015
Dear Experts,
Whether appeal will lie or revision?
