BASAVAPRABHU ALIAS NAIDU Vs. RAVASAHEB

JUDGEMENT

(1.) MATTER is listed for orders since Registry has raised office objections on account of non -compliance of the same. However, learned counsel for petitioners has moved a memo for listing this matter for admission without complying with office objections, in view of the urgency pleaded by learned counsel for petitioner, this Court has accepted said request and has taken up the matter for admission. Today, learned counsel sought for time to comply with office objections. This would only indicate that petitioners are not interested in obtaining orders on merits of the petition. In that view of the matter, this Court has examined the petition on merits, dehors non -compliance of office objections.

(2.) PETITIONERS are the sons of respondent. The unfortunate father has been perforced to knock the door of the Courts by filing a petition under Section 125 of Cr.P.C. seeking maintenance of Rs.5,000/ - per month from each of his son i.e., writ petitioners. Said petition was resisted by the petitioners herein by filing a detailed statement of objections and father in support of his case, got himself examined as P.W.1 and got marked 10 documents namely Ex.P -1 to Ex.P -10 before Trial Court. On behalf of writ petitioners, 2nd petitioner herein was examined as R.W.1 and no documents were marked on behalf of writ petitioners. Family Court after considering the pleadings of the parties, has formulated following points for its adjudication.

(3.) ON appreciation of evidence and after analysing pleadings of the parties, Trial Court has allowed the petition in part and directed respondents 2 and 3 to pay a sum of Rs.1,500/ - per month to petitioner during his lifetime from the date of petition. It is this order which is under challenge.