RAJESH KUMAR Vs. SURESH KUMAR

JUDGEMENT

(1.) The Petitioner challenges the order of maintenance under Sec. 125 of the Code of Criminal Procedure, (hereinafter referred to as the 'Code') filed by Respondent Suresh Kumar.

(2.) The application was resisted by the Petitioner herein on the ground that a valid and subsisting marriage was not proved with Smt. Jinda Devi, mother of the Respondent. She died during the pendency of proceedings before the learned trial Court and her name was deleted from the array of parties. On the evidence and pleadings of the parties, three questions were framed by learned trial Court, namely, as to whether Respondent was entitled to monthly maintenance on the facts pleaded, whether the petition is maintainable and the quantum of maintenance.

(3.) At the time when the petition was tried, the Respondent was aged only about 12 years and was questioned by the Court to ascertain as to whether he understood the import of the evidence which he was swearing before the Court. On being satisfied that he understood the nature of the proceedings and meaning of giving testimony on oath, he was allowed to testify. The Respondent has stated that he along with his mother, Smt. Jinda Devi, had been living in Naldehra and the Petitioner herein was looking after them being elder member of the family and had been incurring expenditure for the daily necessities including the studies of the Respondent. At the time when his statement was recorded he stated that he was living with his aunt Bindu, who is the sister of his mother.