K.A. VISHNUMURTHY Vs. K.S. ACHUTHA BHAT

JUDGEMENT

(1.) FIRST respondent in C. Misc. No. 48/2011 is calling in question order dated 25.08.2014 passed by Family Court, Mysore, whereunder petition filed by the father under Section 125 of Cr.P.C. claiming maintenance of Rs. 10,000/ - per month, came to be allowed in part and respondents 1 and 2 therein namely, sons have been directed to pay maintenance at Rs. 2,500/ - per month each to the petitioner from the date of petition.

(2.) I have heard the arguments of Sri. R.V. Jayaprakash, learned counsel appearing for revision petitioner namely, respondent No. 1 before the Family Court and perused the order in question.

(3.) HAVING heard the learned Advocate appearing for the petitioner and on perusal of order passed by the Family Court, it would indicate that revision petitioner herein is the son of first respondent herein. First respondent is aged about 80 years as on the date of filing of petition. It is not in dispute that he had married for the second time and through second wife, petitioner herein and three daughters were born and out of the wedlock with his first wife, second respondent herein was born. These are undisputed facts and so also the fact that there was a partition in the family or settlement arrived at on 17.10.1995 between members of the family under which properties of joint family came to be divided and there was no property allotted to the share of petitioner herein.