SUOHANGSHU SEKHAR GANGULI Vs. STATE

JUDGEMENT

(1.) THE short but important question that falls for determination in this revisional application is whether a father or a mother, unable to maintain himself or herself, can initiate proceedings for maintenance under Section 125, Code of Criminal procedure, 1973 (Code for short against the son at the place where he or she resides. The question arises thus.

(2.) ON October 7, 1980, opposite party no. 2 Hazari Lal Ganguli for self and on behalf of his wife Sm Sushama Bala ganguly, the opposite party no. 3, filed an application in the court of the learned sub-Divisional Judicial Magistrate ranaghat, under Section 125 of the Cod claiming maintenance from their son the petitioner herein, at the rate of rs. 250|- per month. It was alleged that an earlier proceeding of maintenance initiated by them against the petitioner ended in a compromise as a result of misrepresentation made by the petitioner to maintain them. Since, however the petitioner failed and neglected to do so as per terms of the compromise they were compelled to initiate the second proceeding.

(3.) AFTER appearance of the petitioner and filing of written objection by him, the case was transferred by the learned sub-Divisional Judicial Magistrate to a learned judicial Magistrate of Ranaghat for disposal.