LAWS(GAU)-2006-4-20

AKHAM IBODI SINGH Vs. AKHAM BIRADHWAJA SINGH

Decided On April 28, 2006
AKHAM IBODI SINGH Appellant
V/S
AKHAM BIRADHWAJA SINGH Respondents

JUDGEMENT

(1.) The power and jurisdiction of the High Court in an application under S. 19(4) of the Family Court Act, 1984 against the judgment and order of the Family Court disposing of the application for maintenance under S. 125, Cr.P.C., 1973 is akin to revisional jurisdiction of the High Court under S. 401 read with Section 397 of the Cr.P.C.

(2.) Heard Mr. S. Rupachandra Singh, learned counsel for the petitioner and also Mr. R. K. Nokulsana Singh, learned Sr. counsel assisted by Mr. R. K. Milan, learned counsel appearing for the contesting respondent No. 2, Shri Akham Joykumar Singh.

(3.) The short fact which gives rise to the filing of the present application is that petitioner No. 1, Shri Akham Ibodi Singh, aged about 74 years and petitioner No. 2, Smt. Akham (Origbi) Chaobi Devi, aged about 71 years are the parents of the respondents. The respondent No. 1, Shri Akham Biradhwaja Singh is the eldest son of the petitioners and he was educated up to M.Sc. (Physics) and was employed as Lecturer in Physics under the Department of Higher Education, Government of Manipur. He resigned from his service and contested in the Manipur Legislative Assembly Election but was defeated. The contesting respondent No. 2, Shri Akham Joykumar Singh is also passed M.Sc. in Electronics and is now serving as Lecturer in Electronics under the Department of Higher Education, Govt. of Manipur. His wife is also a Government employee and his earning is about Rs. 30,000/- per month in the minimum.