JUMMAN MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner, one of the sons of O.P. No. 2, has challenged the judgment dated 04.04.2016 passed in Maintenance Petition No. 220 of 2014 by which he has been directed to pay Rs. 10,000/- per month to his mother.

(2.) Mr. Shekhar Prasad Sinha, the learned counsel for the petitioner submits that the petitioner is receiving salary of about Rs. 30,000/- per month and almost his entire salary is spent on his treatment and monthly expenses for maintaining his family.

(3.) In the proceeding under section 125 Cr.P.C, the mother of the petitioner has examined herself as P.W.1. The petitioner has also examined himself as a witness. It is not in dispute that on death of his father, the petitioner who is the elder son, was offered appointment on compassionate ground. One of the conditions for the grant of appointment to him was that he would maintain his mother. Under NCWA, the mother of the petitioner, on death of her husband, was entitled for monthly monetary compensation, however, she has relinquished her rights and agreed her appointment to the petitioner on compassionate ground.-2-