HASMUKHBHAI NARANBHAI VIRAMIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioners are sons of respondent No.2. Respondent No.2 father had filed Criminal Miscellaneous Application No.585 of 2008 before the Family Court, Rajkot seeking maintenance from his sons contending that in old age he has no independent source of income and he is unable to maintain himself.

(2.) Learned Judge of Family Court, Rajkot by impugned order dtd. 9/9/2010 allowed the application partly and directed both the sons to pay Rs.600.00 each per month to the father. He thus received a total of Rs.1200.00 by way of maintenance from two sons.

(3.) In the present case, the petitioners have opposed the order of maintenance on various grounds, namely, that the father had deserted the family many years back and has started leaving with another lady without any valid marriage. From such cohabitation he also has one son and one daughter against whom no claim is made. It is also the case of the petitioners that the petitioners are willing to look after the father if he resides with them. The case of the petitioners further is that they do not have sufficient means to pay maintenance to the father.