PALADUGULA VIJAYALAKSHMI Vs. NOMULA RAMANADHAM

JUDGEMENT

(1.) This is a classic case where the parents have claimed maintenance against their daughter by presenting MC.5 of 1998 before the IV Addl. Judicial Magistrate of Frist Class, Warangal, by invoking Section 125 of Cr.P.C. which lead to granting of maintenance at the rate of Rs.400/- p.m., each against the parents from the date of presentation of the petition. The petitioner having aggrieved by the order of the learned Magistrate preferred a revision before the I Addl. Sessions Judge, Warangal, in Crl. R.P. No.53/2001 and the Revisional Court confirmed the said order. Thereafter, the petitioner has invoked the jurisdiction of this Court under Section 482 Cr.P.C. by presenting this Criminal Petition.

(2.) The learned Counsel for the petitioner mainly assails the order of the learned Magistrate about granting of maintenance and its quantum which has been confirmed by the Revisional Court. It is also contended by him that the respondents 1 and 2 are having ancestral property and running small kirana business and also getting income to a tune of Rs.600/- p.m. The learned Counsel for the respondents has not disputed about owning of house property and running of kirana business. What all he contends is the amount being earned by them is meager and hardly sufficient towards their maintenance. It is also contended by him that it is not a fit case to exercise the inherent powers of this Court to quash the proceedings.

(3.) Adverting to the said contentions, it is necessary to have a glance at Sections 125 and 126 of Cr.PC before proceeding further. Section 125 of Cr.P.C. reads as follows: 725. Order for maintenance of wives, children and parents :(1) If any person having sufficient means neglects or refuses to maintain,