( 1 ) PETITIONER is the mother of respondent. She had made an application under Section 125 of Cr. P. C. in Crl. Misc. No. 283/95 before the Court below seeking grant of maintenance allowance at Rs. 400/- per month from her respondent son pleading that though respondent was earning fat income as a mechanic in KSRTC he refused and neglected to maintain her. That application was resisted by the respondent in the Court below who filed his statement of objections contending that petitioner was being maintained by her other sons and therefore he was not liable to maintain her, while admitting the facts that he was one of the sons of petitioner and that he had been working as a mechanic in the KSRT Corporation. It was further maintained by him that his income was just sufficient for the maintenance of his family. ( 2 ) IN the light of evidence adduced by both parties, the Court below reached its conclusion that petitioner had been living with her two other sons and was being paid Rs. 400/- per month by her another son who was a police constable. Therefore, the impugned order has been passed by it holding that petitioner was not entitled to any maintenance allowance from her respondent-son. ( 3 ) THE material provisions of Section 125, Cr. P. C. read :-"125. Order for maintenance of wives, children and parents.- (1) If any person having sufficient means neglects or refuses to main-tain - (a) to (c ). . . . . . . . . . . . . . . . . . . . . . . . (d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct : Provided that. . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . " ( 4 ) IT becomes clear from these provisions that a person who has sufficient means is duty bound to maintain his parents or either of them who are/is unable to maintain themselves/himself/herself. At para-6 of its impugned order the Court below has stated the admitted and proved facts as under :-"we find that it is admitted fact that the petitioner is mother of the respondent. The respondent is earning and getting good income who is working in K. S. R. T. C. It is further admitted that the respondent has not paid any maintenance to the petitioner and that the petitioner and respondent are living separately. "it is also not in dispute that two other sons of the petitioner with whom she lives are coolies, and that her another son working as a Police Constable was paying her Rs. 400/- per month towards her maintenance. There is no evidence if any amount was being sent to her by her another son who was stated to have gone to Saudi Arabia for earning. From these proved facts it could be easily made out that petitioner is leading her life in straitened circumstances and she has to meet her both ends out of the paltry sum of Rs. 400/- which was being paid by her son who is a police constable. Whatever income her two other sons are getting by their coolie work may hardly be sufficient for their subsistence and maintenance of their respective families. In view of these circumstances, the trial Court has grossly erred in holding that petitioner is not entitled to any maintenance allowance from her respondent son who was admittedly getting a good and assured income as a mechanic in K. S. R. T. C. Keeping in view the so relevant aspects of the matter I find that petitioner could be held entitled to monthly maintenance allowance of Rs. 300/- from her respondent-son and that the same be made payable by him from this date. ( 5 ) HENCE, the petition is allowed. The impugned order dated 27-12-1995 of the Court below is set aside. The petitioner's application under Section 125, Cr. P. C. made in the Court below is allowed in part. The petitioner is held entitled to monthly maintenance allowance of Rs.
( 5 ) HENCE, the petition is allowed. The impugned order dated 27-12-1995 of the Court below is set aside. The petitioner's application under Section 125, Cr. P. C. made in the Court below is allowed in part. The petitioner is held entitled to monthly maintenance allowance of Rs. 300/- from her respondent-son from the date of this order i. e. , 9-10-1998. The same shall be paid to her regularly by respondent on or before 10th of every month. Parties to bear their own costs. Petition allowed. --- *** --- .