RAMAKRISHNAN Vs. KALI

JUDGEMENT

(1.) The first respondent herein is the mother of the petitioner herein. In the court of the Judicial Magistrate of the First Class, Pattambi, the first respondent described as represented by her next friend, daughter Kamalakshi, filed an application, MC No. 14 of 1984, under S.125 of the Code of Criminal Procedure, 1973, for short 'the Code', against the petitioner claiming maintenance. The son appeared before the learned Magistrate and objected to the claim on various grounds. Overruling all these grounds, maintenance at the rate of Rs. 100/- per month was ordered from the date of the application. The son moved the Sessions Court in revision. But the revision petition was dismissed. These orders are now challenged under S.482 of the Code.

(2.) When this petition came up before the learned single Judge, it was contended that since the application under S.125 of the Code was filed by the mother as represented by the next friend daughter, it was not maintainable in law inasmuch as there can be no application through a next friend. Learned single Judge who heard the matter took the view that having regard to the importance of the question involved it should be heard by a Division Bench. That is how the matter has come up before us.

(3.) The short question for consideration is whether the application filed in this case under S.125 of the Code is not maintainable in law and if not whether we should interfere in this matter.