REPALLI MASTHANAMMA Vs. THOTA SRIRAMULU

JUDGEMENT

(1.) Can a father, unable to maintain himself claim maintenance under section 125, criminal Procedure Code, from his married daughter That is the short question that has been raised in this revision.

(2.) In M. C. No. 28 of 1979 the Additional judicial Magistrate of I Class Avanigadda, by his order dated 5th December, 1979, held against the father, but in Crl. R. P. No. 48 of 1979 the Additional Sessions Judge, Machilipatnam, held in favour of the father and remanded the enquiry for determining the claim on merits.

(3.) The petitioner in this Court, resident of aswaraopalem, is the only daughter of the respondent Thota Sriramulu, aged 70 years and resident of Nangegadda, both in Divi, taulk. The respondent was the owner of an extent of Ac. 2. 36 cents of wet land in chodavaram village which he conveyed in favour of Chandramma his wife and mother of the petitioner in the year 1949. Chandramma died intestate in 1954. Disputes arpse between the petitioner and her father shortly prior to July, 1978, which necessitated the petitioner to file O. S. No. 208 of 1978 on the file of the District Munsif's Court, Avanigadda, for an injunction. There was an interim injunction granted by the Court on 15th July, 1978, against the respondent and the respondent carried that order in appeal in c. M. A. No. 48 of 1978 on the file of the district Court, Machilipatnam. While those civil proceedings were pending, the respondent in this revision claimed maintenance under section 125, Criminal Procedure Code, by his application dated 10th August, 1979. The petitioner raised, amongst other grounds, the objection that a father cannot seek an order for maintenance under section 125, criminal Procedure Code, against her a married daughter. Section 125, Criminal Procedure code provides (only material portions extracted) :"if any person having sufficient means neglects or refuses to maintain. (a). . . . . . . . . . (b). . . . . . . . . . (c). . . . . . . . . . (d) his father or mother, unable to maintain himself or herself, a Magistrate of first Class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his father at such monthly rate etc".