S. SURESH BABU Vs. SUNDARARAJAN

JUDGEMENT

(1.) The petition seeks quashing of the proceedings initiated under Sec. 125 of Criminal Procedure Code, 1973 against the petitioners herein by their father claiming maintenance from them.

(2.) The respondent had filed a petition under Sec. 125 Cr.P.C before the Family Court, Chengalpattu stating that the petitioners sare his sons; that he is unable to maintain himself; that he approached the petitioners for financial support; that the petitioners are well to do and have a duty to maintain the respondent; and that they refused to maintain the respondent. The respondent hence, prayed for a monthly maintenance of Rs.30,000.00 from the first petitioner and Rs.20,000.00 from the second petitioner.

(3.) Mr.R.Singaravelan, the learned Senior Counsel for the petitioners/sons of the respondent submitted that the respondent's petition is not bonafide; that he had abandoned the mother of the petitioners and obtained a decree of divorce ex-parte on 12/12/2006; that the respondent never took care of the petitioners or their mother; and that the petitioners were under the care of their mother and were brought up with the financial support of the maternal Grandmother. The learned Senior Counsel would further submit that the petitioners as children never met their father and met him only in Court when he claimed maintenance from them; that after getting divorce, the respondent married another lady and gave birth to a son by name Kannappan. He further submitted that the respondent is well to do and his claim that he was unable to maintain himself is false since he is running a cable TV business and earning more than Rs.50,000.00 per month; that he is happily living with his second wife; and that suppressing the fact of divorce and the subsequent marriage, he has filed this petition only to harass the petitioners.