1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER Amandeep Kaur Vs. State of Raj.& Ors. S.B.CIVIL WRIT PETITION NO.6453/2008 Date of Order : : 28/08/2008 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr.G.J.Gupta, for the petitioner. BY THE COURT: By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks the following directions:- “i) it may be declared that the petitioner is major woman and has constitutional right to live independently with her own will: and ii) Respondent No.5 to 7 may be directed to live petitioner independently with her own will and give maintenance sum of Rs.5000/- per month; and iii) Respondent No.2 to 4 may be directed to protect the life of the petitioner; and iv) Any other appropriate writ order or direction 2 which the circumstances of the case may warrant be also passed; and v) Cost of the writ petition be awarded in favour of the petitioner. Heard learned counsel for the petitioner. If the petitioner is a major, no such direction is required to be issued that she is a major lady or having a constitutional right. The constitutional right is not to be declared, it is known that every citizen is having fundamental right. So far as direction to grant maintenance @ Rs.5000/- is concerned, such a relief cannot be granted under the writ jurisdiction. If the petitioner feels that she has been neglected and the persons liable to pay maintenance refused to pay maintenance and she is unable to maintain herself, she may move before the appropriate Forum and seek maintenance. From the averments made in the writ petition, I find no good ground to issue any such direction sought for. If the petitioner has apprehension and threat to her life, she may move concerned Executive Magistrate having jurisdiction by way of a complaint under Section 107, 116(3) Cr.P.C. The writ petition is, therefore, dismissed. (H.R.PANWAR), J. NK 3 S.B.CIVIL MISC.STAY APPLICATION NO.11267/2008 IN S.B.CIVIL WRIT PETITION NO.6453/2008 Date of Order : : 28/08/2008 HON'BLE MR.JUSTICE H.R.PANWAR Mr.G.J.Gupta, for the petitioner. Since the writ petition itself has been dismissed, the stay petition also stands dismissed. (H.R.PANWAR), J. NK