ZUBEDABI Vs. NIYAZ MOHAMMAD GULAM MOHAMMAD

JUDGEMENT

(1.) PETITIONER is the mother of respondent. She had made an application under Section 125 of Cr. P. C. in Crl. Misc. No. 283/95 before the Court below seeking grant of maintenance allowance at Rs. 400/- per month from her respondent son pleading that though respondent was earning fat income as a mechanic in KSRTC he refused and neglected to maintain her. That application was resisted by the respondent in the Court below who filed his statement of objections contending that petitioner was being maintained by her other sons and therefore he was not liable to maintain her, while admitting the facts that he was one of the sons of petitioner and that he had been working as a mechanic in the KSRT Corporation. It was further maintained by him that his income was just sufficient for the maintenance of his family.

(2.) IN the light of evidence adduced by both parties, the Court below reached its conclusion that petitioner had been living with her two other sons and was being paid Rs. 400/- per month by her another son who was a police constable. Therefore, the impugned order has been passed by it holding that petitioner was not entitled to any maintenance allowance from her respondent-son.

(3.) THE material provisions of Section 125, Cr. P. C. read :-