1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR Muziburrahman Vs. Kumari Noor Kulsum & Anr. (S.B. Criminal Misc. Petition No.1748/2008) Date of Order :- 07th October, 2009 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr.Jaideep Singh for Mr.Vishwajeet Mantri, for the petitioner. The petitioner has challenged the order dated 24.09.2007 passed by the Judicial Magistrate, First class, Tonk whereby the learned Magistrate has directed the petitioner to pay Rs.1,000/-per month to his daughter, Kumari Noor Kulsum, respondent No.1 from the date of filing of the application. He has also challenged the order dated 21.07.2008 whereby the Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Tonk has upheld the order dated 24.09.2007. Mr. Jaideep Singh, the learned counsel for the petitioner, has contended that the petitioner happens to be a poor person who is unable to pay Rs.1,000/- to the respondent No.1. Secondly, the order for payment of maintenance amount should be from the date of order and not from the date of filing of the application. Heard the learned counsel for the petitioner and perused the impugned order. It is not only the legal duty of the father to maintain his daughter, but most importantly it is his moral duty to do so. 2 Admittedly, respondent No.1, Kumari Noor Kulsum is the petitioner's daughter. poverty cannot deprive Kumari Noor Kulsum of her right to be maintained by her father. Therefore, poverty cannot be used as an excuse for neglecting to maintain one's own child. Therefore, the first contention raised by the learned counsel is unacceptable. There is no reason, much less a cogent reason for directing that the maintenance be paid from the date of order and not from the date of filing of the application. After all the amount payable is being paid to petitioner's daughter and not to a stranger. Therefore, there is no reasons for this Court to interfere with the impugned order. In this view of the matter, the petition is devoid of any merit. It is, hereby, dismissed. (R.S.CHAUHAN)J. Manoj Solanki-