VASANT Vs. GOVINDRAO UPASRAO NAIK AND ORS.

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 27.08.2014 in Petition No.E35/2013 passed by the learned Principal Judge, Family Court, Amravati, by which the applicant has been directed to pay Rs. 20,000/ per month each, totalling to Rs. 40,000/ from the date of filing of the Application i.e. 4.3.2013, to the father and mother of the applicant (original petitioners), the instant Revision has been filed.

(2.) The respondents herein, that is, applicants before the Family Court, Amravati Govind and Mankarnabai, filed an Application under Section 125 of the Code of Criminal Procedure, 1973 against the present applicantVasant, their son, for grant of maintenance in the sum of Rs. 20,000/ per month each, from the applicant. In their Application, they stated that they are the parents of the present applicant and have been residing in the house of their daughter Rajani in Prabhu Colony, Amravati. The applicantson Vasant is serving in a high position in Saudi Polydlefins Limited, a Company in Saudi Arabia and receiving an eyepopping salary in the sum of Rs. 3 lakhs per month. The applicantVasant is the elder son possessing qualification of M.Sc. in Petrochemicals. DaughterRajani is married and resides in United States of America (USA); while the younger sonChandan is an unemployed youth, resides with nonapplicantsfather and mother. The nonapplicants incurred huge expenses on the education of the children by selling 16 acres of land and purchased another three acres of land from the remaining amount. Till the marriage of the applicantVasant he was supporting the parents but after the marriage he stopped giving any monetary help and, on the contrary, tortured them, claiming an amount of Rs. 2 lakhs for booking of a flat at Mumbai, illtreated and threatened them and, as such, they were required to obtain temporary injunction order from the Civil Court to prohibit applicantVasant from entering their house at Amravati, vide an order dated 1.10.2012. The nonapplicants are facing severe economic crisis and resource crunch inasmuch as they are on the verge of starvation and have no source of income and, as such, they require maintenance from the present applicantVasant. They had issued a notice to him on 31.10.2012 but false reply was sent by applicantVasant. The nonapplicants reside at Prabhu Colony, Amravati and, therefore, the Amravati Court has jurisdiction to try the Application.

(3.) ApplicantVasant Filed His Written Statement And Denied All the adverse allegations. He, however, stated that he was never supported by his parents for completing his education and, on the contrary, the ancestral land was sold by the nonapplicants, whereas money was spent on education of Rajani and Chandan. Rajani took education at Indore and Chennai who obtained a degree in Engineering. Chandan took education in Indore in Engineering course. Rajani is a married daughter of nonapplicants who is settled in USA and is earning Rs. 5 lakhs per month, while the younger sonChandan is doing the business of estate broker at Armavati. ApplicantVasant stated that he had purchased as many as six plots in the name of his younger brotherChandan and father out of love and affection since he is residing and serving at Saudi Arabia, but Chandan disposed of the plots and he has been doing business in estate broker from the sale proceeds. The objection was taken by the applicantVasant that the married sister Rajani and brother Chandan are also under legal obligation to maintain their parents and they should have been made parties to the petition for claiming maintenance and nonjoining thereof and, as such, he stated that the application was liable to be dismissed, vide paragraph 9 of the written statement. It was then stated that the applicantVasant had spent around Rs. 20 to 25 lakhs for purchasing the land, plots, marriage of Rajani, repayment of hand loan of the relatives over the nonapplicants and the family members through bank transaction and he has therefore performed his duty as a elder son. However, Rajani and Chandan are neglecting to perform their obligation towards the nonapplicants. ApplicantVasant then stated in written statement that after the marriage, the nonapplicants started ill treating his wife for flimsy reasons and they used to abuse her for not having brought sufficient dowry in the marriage.