S K CHANDRIKA Vs. BYAMMA

JUDGEMENT

(1.) THIS revision petition under Sec. 19 (4) of the Family Court Act (as amended by Act No. 59 of 1991) arises from the judgment and order dt. 15-4-1998 passed by Smt. Rathnakala, II Addi. Principal Judge, Bangalore, in Miscellaneous case No. 480/96 whereby the learned subordinate court has overruled the objections raised by the present revision petitioner to the maintainability of the application for maintenance under Sec. 125 of the Code of Criminal Procedure and has held that the petition under Sec. 125 was maintainable.

(2.) THE facts of the case in the nutshell are that the minor children of the revision petitioner filed the claim for maintenance under Sec. 125 of Code of Criminal Procedure against their mother who has been working as a woman police constable in Dlsoor Gate Mahila Police Station, Bangalore. A preliminary objection was raised on behalf of the present revision petitioner who was respondent before the Court below to the effect that the application for maintenance was not maintainable against the mother who is a female. The contention was to the same effect as has been raised here. The contention raised before the Court below was that Sec. 125 of the Code of Criminal Procedure only fastens the liability and make the petition under Sec. 125 maintainable against a male and not against a female including the mother and as such, the application under Sec. 125 should have been rejected. The learned Court below considered the matter and opined that the contention raised on behalf of the present revision petitioner i. e. respondent before it was without substance and rejected that contention and held that there was no bar for petitioners in the matter of their proceeding against their mother. As such, the petitioners mother has come up before this Court by revision under Sec. 115 of CPC.

(3.) IT has been contended, as a preliminary objection, on behalf of the respondents, that the petition is under Sec. 115 and was not maintainable.