VIJAYA MANOHAR ARBAT Vs. KASHIRAO RAJARAM SAWAI

JUDGEMENT

(1.) The short question raised in this Revision Application is: can a father, who is unable to maintain himself, claim maintenance under S. 125 of the Cr. P.C. from his married daughter?

(2.) Dr. Mrs. Vijaya Manohar Arbat is the daughter of respondent 1 Kashirao Rajaram Sawai. The petitioner is a practising Medical Practitioner at Kalyan. She is the daughter of Kashirao from his first wife. Her mother died in the year 1948. Thereafter respondent 1 remarried and is living with his wife. The respondent 1 - father filed an application under S. 125 of the Cr. P.C. claiming maintenance at the rate of Rs. 500/- per month from the petitioner, his married daughter. According to respondent 1, he is unable to maintain himself and, therefore, is entitled to claim maintenance from his daughter, who is a practising Medical Practitioner at Kalyan. It is an admitted position that the petitioner is the only daughter of respondent No. 1.

(3.) The petitioner raised a preliminary objection to the very maintainability of the application on the ground that she being a married daughter of respondent 1, the application under S. 125 of the Cr. P.C. is not maintainable against her. By an order. D/- 22nd Feb1985, the Judicial Magistrate, First Class, Kalyan, negatived the said preliminary objectionAgainst the said order, the present Revision Application is filed.