RAM CHANDRA GIRI Vs. RAM SURAT GIRI

JUDGEMENT

(1.) THIS is a revision against the order of Sri N. N. Chadha, Sessions Judge, Faizabad.

(2.) ON 3-11-1977 Ram Chandra Giri aged about 16 years filed an application under section 125 CrPC against his father Ram Surat Giri, resident of Unauna Dullapur, police station Bhiti, district Faizabad. The complainant's case is that when he was about 5 years old his father Ram Surat Giri brought another woman and turned out his mother who along with the complainant and his elder sister, who was also a minor, started living with her father Ram Narain. When his mother could not pull on, she was compelled to take another husband. Thereafter the complainant's father took his elder daughter Radhika from her nanihal, but he continued to live with his maternal grand-father. The maternal grand-father of the complainant, who was residing in Sheopur, used to look after the complainant and he arranged for his studies also. Sometimes the complainant's father used to come and give some money for his studies. Ultimately the maternal grand-father of the complainant retired from Government service and he was drawing only Rs. 65/- per month as pension. He had his own family to maintain with that meagre pension. Ultimately the maternal grand-father also died. The maternal uncle of the complainant is finding it difficult to maintain his own family as well as the complainant. Now they have expressed their inability to maintain the complainant. The father of the complainant has cultivation and income from his salary. The complainant was a student. He went to his father and told him that his Nana and Mama were now unable to maintain him and a stage had arrived when he had to stop his studies and would not be able to have his two meals. ON this the father told the boy that he would make some arrangement after sometimes. He again went to his father who ultimately refused to give any money. In nutshell the complainant's father brought a woman and turned out his mother. He and his mother started living with his mother's father who subsequently retired and ultimately died. Now he was at the mercy of his Mama who himself has a meagre income and his own big family to support. The complainant Ram Chandra examined himself as PW 5. Ram Kripal PW 1 is his Mama who has supported the complainant's version. Avadh Narain PW 2 has also corroborated him. Ram Prasad PW 3 Pradhan has stated that the complainant is the son of Ram Surat opposite party who has sufficient cultivation. Sheo Mangal PW 4 is a cousion of Ram Surat opposite party. He admits that Ram Chandra complainant is the son of Ram Surat.

(3.) THE following facts were not disputed before me : Firstly, that complainant Ram Chandra's mother was a legally wedded wife of Ram Surat opposite party ; secondly, that Ram Chandra complainant was a minor ; thirdly that the complainant's elder sister was residing with her father ; and fourthly, that the complainant's mother and father both have re-married and the complainant was residing with his Nana who ultimately died and now he was being maintained by his Mama.