LOCHAN PRASAD Vs. BANMALI

JUDGEMENT

(1.) Quashment of the order dated 30-11-2004 passed by the 1st Additional Sessions Judge, Mahasamund in Criminal Revision No.148/2004, modifying the order dated 9-3-2004 passed by the Judicial Magistrate First Class, Mahasamund, in Misc. Criminal Case No.11/2002 under Section 125 of the Code of Criminal Procedure, 1973 (for short `the Code'), by invoking the inherent jurisdiction under Section 482 of the Code has been prayed by the petitioner, who is son of the respondent.

(2.) Brief facts leading to filing of this petition are that the petitioner, who is son of the respondent through first wife, is living separately from the respondent. The respondent has filed an application under Section 125 of the Code against his son i.e. the petitioner for maintenance on the ground of his inability to maintain himself and willful neglect by the petitioner having sufficient means to maintain his father. The petitioner has filed detailed reply and alleged that the respondent is having sufficient means to maintain himself, he is residing with his second son born through his second wife who was having sufficient means to maintain the respondent, but only with a view to harass him, the respondent has filed application for maintenance. The petitioner is not having sufficient means and the respondent is having sufficient means for his maintenance.

(3.) After affording opportunity of hearing to the parties, learned Judicial Magistrate First Class, Mahasamund has awarded maintenance of Rs.500/- per month to the respondent. Order of the Judicial Magistrate First Class was challenged in criminal revision and the said order was modified on the ground that both the sons of the respondent are liable for maintenance and the amount of maintenance was reduced to Rs.250/- per month.