SHAM LAL Vs. RAJ KUMAR

JUDGEMENT

(1.) A father's petition preferred under Section 125 of the Code of Criminal Procedure against his two sons for grant of maintenance has been allowed by the learned Family Court and both his sons have been ordered to pay Rs.2500/- per month each to their father. One of the sons has assailed the order passed by the learned Family Court in the instant appeal.

(2.) The original petitioner claimed maintenance from his two sons on the grounds that he had provided for and looked after his sons in every way during his hay days. He has also willed away his landed property in favour of his sons. However, in twilight of his life, his sons have been maltreating and misbehaving with him. Neither the original petitioner has any money left with him nor he, being old and infirm, is in a position to do any work to maintain himself. He emphasized need for money for his clothing, medicines and other basic necessities of life. One of the sons (present respondent No.2) was proceeded ex-parte. The other son (present appellant) contested the petition. He though admitted the relationship between the parties, but expressed his inability to maintain his father on account of his not having fixed income. After considering the pleadings and evidence adduced by the parties, learned Family Court directed both the sons to pay Rs.2500/- per month each to the original petitioner. It is in this backdrop that the instant appeal has been filed.

(3.) We have heard learned counsel for the appellant and do not find any infirmity in the impugned order.