MOHANCHANDRA BASAWANTRAO MOHAGOANKAR Vs. SURESH MOHANCHANRA

JUDGEMENT

(1.) Though the matter is posted for admission, with the consent of the learned counsel for the parties, the matter is taken up for final hearing.

(2.) The unfortunate father is before this Court for enhancement of compensation against the order dated 31.12.2010, made in Cri. Misc. No. 130/2008 on the file of the District Judge, Family Court at Gulbarga, granting maintenance of Rs. 3,000.00 and Rs. 2,000.00 towards medicine charges (in all Rs. 5,000.00) from the son respondent No. 1 from the date of judgment.

(3.) The present petitioner who is petitioner in Cri. Misc. No. 130/2008 filed under Sec. 125 of Crimial P.C. for monthly maintenance of Rs. 3,000.00 and Rs. 70,000.00 towards medical expenses, as against respondents. It is the case of the petitioner that the first respondent is son of the petitioner and second respondent wife of the respondent No. 1. The petitioner was owner of land bearing Sy. Nos. 19 and 20 situated at Daddapur village, which is at the out skirt of Gulbarga city. The KPTCL had acquired the land as per law. The Court had granted compensation of Rs. 99 lakhs and odd in LAC No. 11/1991 dated 16.03.1995. The petitioner had become too old and his eyesight is also weak. The petitioner has reposed full confidence with his only son. On the award sanctioned, the respondent No. 1 in collusion with the advocate of the petitioner has withdrawn Rs. 90 lakhs by forging the signature of petitioner and betrayed his own father in the ripe age. After receiving the said money, respondent No. 1 has constructed five shops and renovated the ancestral property at his desire. Out of renovation, the respondent No. 1 is getting monthly rent of Rs. 1,44,000.00 and respondent No. 1 has leading luxurious life. The respondent No. 1 is collecting the rent from tenants every month. Since two years, the respondent No. 1 has neglected the petitioner and not providing any clothes and other day-to-day requirements. The petitioner has no source of income to maintain his day to day requirements. The petitioner is living in a comer of the palacious three storied building and respondent No. 1 owns a Santro car and living in air conditioned house and leading luxurious life. The respondent is spending huge money for his wife, father-in-law and other relatives but neglected his own old aged father. Since 8-10 years the respondent No. 1 is not taking care and not giving a single pie to the petitioner for his day-to-day life. Respondent No. 1 has contested in Assembly Election from Gulbarga South Constituency and spent huge money of Rs. 10 lakhs but he failed to provide any amount to his father. The respondent No. 2 being daughter-in-law, also neglected the petitioner. With great difficulty she sends one Thali food to the room at the afternoon. She neglected to provide house hold eatables to the petitioner at this old age. Due to untimely food and negligence of the respondents, the health of the petitioner deteriorating day by day. Since one year, the petitioner become victim of frustrate and unable to discharge his urine and getting severe pain. So also since two years the eye sight is too weak and both eyes have developed cataract and it needs immediate operation and also temporary medicine. The doctors have suggested to undergo operation for the said two ailments. The petitioner requires Rs. 70,000.00 towards the operation charges. Since the respondent No. 1 was not having in talking terms with petitioner, in the last week of Sept. 2008, the mediators by name Rudrashetty S/o: Sangashetty Patil the family friend, Sri. Subhashchandra Kamalapurkar Ex.MLA, have advised the respondent No. 1 to pay money for the operation and treatment. So also these senior citizens, well wishers of petitioner's family have advised the respondent No. 1 to pay monthly maintenance allowance of Rs. 3,000.00 to petitioner. In spite of advise made by the elders, the respondents have bend upon to neglect the petitioner. Petitioner is having acute pain, the diseases affected to his health. Therefore, he filed the petition for maintenance.