DEVARAJ Vs. KARUPPAYEE

JUDGEMENT

(1.) This petition has been filed by the son challenging the order passed by the learned Principal Sessions Judge, Namakkal, confirming the order passed by the learned Chief Judicial Magistrate, Namakkal, directing the petitioner to pay Rs.6,000/- per month towards maintenance to his mother/respondent herein from the date of petition i.e. 21.12.2011.

(2.) Brief facts which are leading to file this Criminal Original Petition are as follows:- (i) The respondent herein who is none other than the mother of the petitioner herein had filed a petition under Section 125 (1) Cr.P.C., in M.C.No.64 of 2011, on the file of the Chief Judicial Magistrate, Namakkal, claiming maintenance for a sum of Rs.15,000/- per month against her son alleging that she is aged about 70 years and she is not able to do any work and to earn money and she is not able to live independently without assistance and that she requires a sum of Rs.15,000/- per month as maintenance. The respondent further contended that the properties worth about Rs.10 Crores, was originally belonged to Sellappa Gounder, husband of the respondent devolved from the joint family as well as by purchase and that from the family properties the petitioner is getting income of Rs.50,000/- per month by leasing out the properties and that the petitioner is also doing money lending business and by which, earning Rs.50,000/- per month. (ii) The petitioner herein filed a counter contending that he is not having property and that he is bedridden and also suffering from spinal cord pain and that the respondent got properties by way of partition and leased out the property for a sum of Rs.12,000/- and living with her daughter and further the respondent is having daughters and she has not made any claim against her daughters and hence prayed for dismissal of the petition.

(3.) On the basis of the pleadings, the case was taken up for trial. On the side of the respondent/mother two witnesses were examined as P.W.1 and P.W.2 and marked four documents as Exs.P1 to P4 and on the side of the petitioner/son one witness was examined as R.W.1 marked two documents as Exs.R1 and R2.