REPALLI MASTHANAMMA Vs. THOTA SRIRAMULU

JUDGEMENT

(1.) Can a father, unable to maintain himself claim maintenance under Sec.125 Cr P C.. from his married daughter?. That is the short question that has been raised in this revision.

(2.) In M.C No 28/79 the Addl.judicial Magistrate of I Class Avamgadda, by his order dated 5-12-1979 held against the father, but in Crl.R.P. No. 48/79 the Addl. Sessions Judge, Machilipatnem, held in favour of the father and remanded the enquiry for determining the claim on merits.

(3.) The petitioner in this court, a resident of Aswaraopalem, is the only daughter of the respondent Thota Sriramulu, aged 70 years ard resident of Kangegadda. both in Divi. Taluk. 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 Chendramma his wife and mother of the petitioner in the year 1949. Chandramma died intestate in 1954. Disputes arose between the petitioner and her father shortly prior to July 1978 which necessitated the peritioner to file 0 S No 208/78 on the file of the Distric, Munsifs court, Avanigadda, for an injunction. There was an interim injunction granted by the ccurt on 15-7-1978 against the respondent and the respondent carried that order in appeal in CMA 48/78 on the file of the District court. Machilipatnem. While those civil proceedings were pending, the respondent in this revision claimed maintenance under sec. 125 Cr P C by his application dated 10-8-1979. The petitioner raised, amongst other grounds, the objection that a father cannot seek an order for ma'ntenance under Sec. 125 Cr. PC against her. a married daughter. Sec. 125 Cr. P C provides (only material portions extractid):-