IRUDAYAMARY Vs. AMIRTHARAJ

JUDGEMENT

(1.) THE short question involved in this revision is whether an earning married daughter can be directed under Sec. 125, Crl. P.C , to pay maintenance to her father, having no means"

(2.) THE respondent/ faiher filedm. C. No. 120 of 1981 under Sec. 125, Crl. P C. in the court of the Second Metropolitan Magistrate, Egmore , Madras , seeking maintenance from his daughter, the petitioner herein, on the following averments. THE respondent is a widower suffering from asthma. He has four daughters, including the petitioner herein. He had educated the petitioner and after undertaking Nurses' ; Training Course, the petitioner was employed as a Staff Nurse in the Mother-Child Welfare Hospital at Egmore , drawing a salary of Rs. 1 ,000 per month. After her marriage, the petitioner neglected and refused to maintain him and he no means to maintain himself He, therefore, sought maintenance of Rs. 200 per month from the petitioner.

(3.) THUS it is seen that when a doubt was raised whether the liability to maintain the parents could be cast on a married daughter, the court dispelled the doubt and laid down that the liability created under Sec. 125 ( 1 ) (d) is equally on the some as well as the daughters to maintain their father or mother, who is unable to maintain himself or herself. The first contention of the learned counsel for the petitioner is, therefore, legally unsustainable.