M AREEFA BEEVI Vs. K M SAHIB

JUDGEMENT

(1.) THE petitioner herein is the daughter of the respondent. The respondent filed a petition under Section 125 of the Criminal P. C. for maintenance from the petitioner, alleging that he is now unable to maintain himself and the petitioner is duty bound to maintain him. The petitioner who is a graduate in Science as well as in Medicine and Surgery is now working in a Mission Hospital. The claim of the respondent was for maintenance at Rs. 300/- per month.

(2.) WHILE the petitioner resisted the maintenance claim contending that the respondent is a Homeo practitioner getting a daily income of Rs. 50/- and she it getting only Rs. 300/- per month which is not even sufficient to meet her expenses, at the time of evidence she offered no oral or documentary evidence to meet her father's case which sought support from the oral evidence of the father himself and two other witnesses besides two letters and an application, the letters Exts. P-1 and P-2 written by the petitioner to her mother and father respectively and Ext. P-3 the application which she had entrusted with her father for forwarding the same to the Principal, Medical College in which application she had stated that her father's income was rather meagre.

(3.) THE learned Magistrate held that the petitioner is bound to maintain her father and she was directed to pay Rs. 100/- per month to the respondent. In revision before the Sessions Court filed by the respondent complaining about the meagreness of the amount granted, the present petitioner contended that the father is not entitled to claim maintenance at all and therefore the application for maintenance itself should be dismissed. The respondent had been objected to the consideration of this question of the maintainability of the petition on the ground that the daughter present petitioner, had not filed a revision against the order fixing the liability at Rs. 100/- per month.