MAN SINGH Vs. CHINTI DEVI

JUDGEMENT

(1.) By way of instant petition, order dtd. 8/2/2022 passed by learned Additional Principal Judge, Family Court, Hamirpur in Case No. Cr.MA/311/2019 has been assailed.

(2.) Brief facts necessary for adjudication of petition are that the petitioner herein is son of respondents. By way of an application under Sec. 125 of the Cr.P.C., the respondents have claimed maintenance amount from the petitioner @ Rs.10,000.00 each per month. It is submitted on behalf of the respondents that both are old aged persons and have no independent source of income to maintain themselves. Petitioner being their son was under liability to maintain them, but he has failed to discharge his duty. It is further submitted that the petitioner is residing at Jallandhar along with his family members and enjoying luxurious life. His monthly income is alleged to be more than Rs.1,00,000.00.

(3.) Petitioner is contesting the aforesaid allegations on the grounds that the petitioner is a man of limited means. He has a petty business and his earning is not more than Rs.10,000.00 per month. It is further submitted on behalf of the petitioner that he has his own family including wife and children to support. As per petitioner, he has five other brothers and in such circumstances, the respondents cannot lay the entire burden of their maintenance on the petitioner. It is also submitted that the petitioner is already paying Rs.500.00per month to respondents as maintenance in pursuance to the orders passed by the Sub Divisional Magistrate.