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2019 DIGILAW 1600 (JHR)

Jumman Mian v. State Of Jharkhand

2019-09-13

SHREE CHANDRASHEKHAR

body2019
JUDGMENT Shree Chandrashekhar, J. - 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- 4. In such facts, the plea taken by the petitioner that his mother has some income; Rs. 500-600/- per month as rental income, and that he spends almost entire salary on his own expenses are not the grounds on which he can refuse to maintain his mother. It has come on record that the petitioner has admitted that he receives Rs. 30,000/- per month as salary, out of which Rs. 10,000/- is awarded as monthly maintenance amount to his mother. 5. In the aforesaid state of affairs, having examined the materials on record, I find no infirmity in the judgment dated 04.04.2016 in Maintenance Petition No. 220 of 2014 and, accordingly, Criminal Revision No. 705 of 2016 is dismissed.