SUBHASCHANDRA Vs. INDUBAI

JUDGEMENT

(1.) THE petitioner, who was respondent in Cri. Misc. No. 12 of 2002 on the file of the Family Court at Gulbarga, has questioned the impugned order dated 19 -11 -2002 passed by the said Court by which he has been directed to pay monthly maintenance at the rate of Rs. 400/ - to the 1st respondent and at the rate of Rs. 300/ - to the 2nd respondent from the date of filing petition by them in Cri. Misc. No. 12 of 2002 under Section 125 of the Cr.P.C. till partition suit in O.S. No. 237 of 1998 is adjudicated and their legitimate share is given.

(2.) FACTS in brief, which gave rise to the present matter before this Court, are: The respondents herein, who were petitioners before the Family Court, filed a petition under Section 125 of the Cr.P.C. claiming maintenance at the rate of Rs. 1,000/ - p.m. from the present petitioner stating that they are the wife and son of deceased Revansiddappa, who was the son of the petitioner and unable to maintain themselves and the petitioner, in spite of having sufficient means with landed properties of the family in his possession, had refused to maintain them. It was contested by the petitioner on various grounds. However, after enquiry, the Family Court passed the impugned order awarding maintenance to the present respondents, as noted already. It is against this order, the petitioner is before this Court.

(3.) ON the other hand, it is submitted for the respondents that since the provision contained in Section 125 of the Cr.P.C. is a beneficial provision provided for persons who are unable to maintain themselves and more so, for persons like the present respondents, a liberal interpretation requires to be made and if done so, the order of Family Court does not require to be interferred with when it is justifiable and proper on facts. Perused the records carefully.