VIJAYA MANOHAR ARBAT Vs. KASHIRAO RAJARAM SAWAII

JUDGEMENT

(1.) The only point that is involved in this appeal by special leave is whether the respondent No. 1 is entitled to claim maintenance from the appellant, his married daughter, under Section 125(l)(d), Cr. P.C.

(2.) The appellant Dr. Mrs. Vijaya Arbat, a medical practitioner at Kalyan, District Thane, is the married daughter of the respondent No. 1 Kashirao Rajaram Sawai, by his first wife. Her mother died in 1948. Thereafter, the respondent No. 1 remarried and is living with his second wife. The respondent No. 1 filed an application before the Judicial Magistrate, First Court, Kalyan, claiming maintenance from the appellant, his daughter, at the rate of Rs. 500/- per month on the ground that he was unable to maintain himself.

(3.) At the outset, the appellant raised a preliminary objection to the maintainability of the application on the ground that Section 125(l)(d), Cr. P.C. does not entitle a father to claim maintenance from his daughter. The preliminary objection was overruled by the learned Magistrate and it was held by him that the application was maintainable. Being aggrieved by the order of the learned Magistrate, the appellant moved the Bombay High Court in revision. The High Court affirmed the order of the learned Magistrate and held that the application of a father for maintenance who is unable to maintain himself is maintainable against his married daughter having sufficient means. In that view of the matter, the High Court dismissed the revisional application of the appellant. Hence this appeal by special leave.