PANDURANG BHAURAO DABHADE Vs. BABURAO BABURAO DABHADE

JUDGEMENT

(1.) This is a petition under section 482 of the Code of Criminal Procedure challenging an order made by the Judicial Magistrate, First Class, 9th Court, Pune, directing the present petitioner in a proceeding under section 125 of the Criminal Procedure Code, 1973, to pay an amount of Rs. 75/- per month by way of maintenance to respondent No. 1 who is the father of the petitioner.

(2.) The proceedings before the trial Magistrate commenced on an application by respondent No. 1, the father, claiming that he was entitled to maintenance allowance of Rs. 150/- from the present petitioner because he had no source of income and on account of old age and physical infirmity, he was not able to earn any living.

(3.) It is not in dispute that the petitioner is a fairly well placed person in the employment of the Central Government in the Customs Department and his total monthly salary is about Rs. 1200/- per month. The main ground on which the application was contested by the present petitioner was that the father had not cared the least about the petitioner and his other young brother after their mother had died and the petitioner father had married for the second time. The petitioners case is that he and his younger brother was really brought up firstly by the maternal grand father and then by their aunt, that is, the sister of respondent No. 1. In fact the application was sought to be defeated on the ground that the father having failed to fulfil his parental obligation of bringing up the petitioner and his younger brother, the father did not get any right now to claim maintenance and throw the responsibility of maintaining him on the petitioner.