ANAND Vs. MANGE RAM

JUDGEMENT

(1.) One Mange Ram son of Sobhat son of Daatan, resident of village Bakhtawarpur, Tehsil and Distt. Sonepat instituted application under Section 125 Cr.P.C. against his grand-son Anand son of Ram Chander son of Mange Ram, resident of village Bakhtawarpur, Tehsil and District Sonepat, claiming maintenance to the tune of Rs. 1000/- per month, on the allegations that he is an old man aged 80 years unable to maintain himself, while Anand is raising an income of Rs. 10,000/- per month by cultivating land. He made an application for the grant of interim maintenance in these proceedings.

(2.) ANAND son of Ram Chander son of Mange Ram contested this application. Vide order dated 4.9.1996 Chief Judicial Magistrate, Sonepat allowed him interim maintenance to the tune of Rs. 500/- per month.

(3.) AGGRIEVED from the order dated 4.9.1996 passed by Chief Judicial Magistrate, Sonepat and the order dated 14.8.1997 passed by Addl. Sessions Judge, Sonepat, Anand has knocked the door of this Court through this Crl. Misc. Petition No. 20837-M/1997. Learned Chief Judicial Magistrate, Sonepat has displayed absolute ignorance of the provisions of Section 125 Cr.P.C. when she awarded interim maintenance to the grand-father against his grand-son. She ought to have known that a grand-son is not liable to maintain his grand- father under Section 125 Cr.P.C. Section 125 Cr.P.C. does not envisage any such right in the grand-father against the grand-son.