JAGANNATH BHAGNATH BEDKE Vs. HARIBHAU JAGANNATH BEDKE

JUDGEMENT

(1.) By this writ petition the petitioner father intends to invoke the Constitutional powers of this Court under Article 226 and 227 of the Constitution of India to challenge the order passed by learned Additional Sessions Judge, Ahmednagar, District Ahmednagar, on 25/4/2019 in Criminal Revision Application No.236 of 2017 thereby allowing the said revision filed by the present respondent son and setting aside the order of grant of maintenance passed by learned Judicial Magistrate First Class, Shevgaon, District Ahmednagar, in Criminal Misc.Application No.153 of 2014 by order dtd. 6/10/2017, under Sec. 125 of Cr.P.C. The learned Additional Sessions Judge, Ahmednagar by the said revision has dismissed the said application filed by the father against the son for maintenance.

(2.) The relationship between the petitioner and the respondent is not disputed. It is stated that the petitioner had three daughters and only one son i.e. present respondent. The wife of the petitioner is still alive, but she stays separately from the petitioner but with the respondent. According to the petitioner, he had no source of income and due to his old age he is unable to do any work. He had therefore filed the said application under Sec. 125 of Cr.P.C. for maintenance. The learned Magistrate after taking into consideration the evidence on record had come to the conclusion that the petitioner is unable to maintain himself, respondent had refused to maintain his father and the son is capable of maintaining father. Under such circumstances, he had granted maintenance @ of Rs.5000.00 per month from the date of the original application i.e. 22/7/2014.

(3.) The present respondent/son challenged the said order in said Criminal Revision No.236 of 2017 and reversing all the findings of the learned Magistrate, the learned Additional Sessions Judge had set aside the order passed by the Magistrate and dismissed the original application. Hence, this writ petition.