A AHATHINAMILIGAI Vs. ARUMUGHNAM

JUDGEMENT

(1.) The present revision is by the son of the respondent, who has been directed by the Chief Metropolitan Magistrate, Egmore, by an order under S. 125, Cr.P.C, to pay monthly maintenance to the respondent at the rate Rs. 250 per mensem.

(2.) The facts giving rise to the present revision are briefly as follows. The respondent filed an application under S. 125 Cr.P.C, on the allegation that the petitioner is his son and that he is aged 60 years and is living with his wife who is aged 56 years and also with his five children who are unemployed and that he was managing his big family with the income of the petitioner whose marriage he conducted in 1980 by borrowing a sum of Rs. 10,000, and that even while the above debts were still outstanding, the petitioner left home contracting a second marriage with one Karpagam on 3-6-1982, and thereafter had stopped coming to his house and had taken up a permanent residence elsewhere with his second wife and the petitioner and his wife being too old and sick, were not able to maintain themselves and were starving without food and any means of livelihood. The petitioner was a watchman in Madras Telephones godown and getting a pay of Rs. 600 per month besides earning about Rs. 500 by sale of raffle tickets and plastic articles. The respondent sought an order of maintenance at the rate of Rs. 300 per month.

(3.) This action of the respondent was resisted by the petitioner on the ground that besides himself the respondent had other sons and daughters and some of whom were earning and were living with the respondent and that, therefore, he is not liable to pay maintenance. Further, he contended that his monthly pay was only Rs. 420, and he has no other source of income and he had to maintain his family from out of his pay and prayed for dismissal of the petition filed by the respondent.