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2013 Supreme(Bom) 288

ROSHAN DALVI
Al Ashraf Kably – Appellant
Versus
Al Farrok Kably – Respondent


Advocates Appeared:
For the Petitioners:Zal Andharujina a/w. V. Deshmukh a/w. A. Dasgupta, i/b. M/s. Jhangiani Narula & Asso., Advocates.
For the Respondents:R1, Alfarook Kably, Advocate, R2, Mrs. A.A. Mane, APP.

JUDGMENT

1. Rule. Made returnable forthwith.

2. The Petitioners are the two sons of Respondent No.1. They have challenged the order of the Judge, Family Court, Mumbai passed on 13th September, 2012 granting maintenance of Rs.15,000/- p.m. to Respondent No.1 under Section 125 of the CrPC. They are foreign nationals. The Petitioner No.1 is settled in the USA at least since 2009 and carries an American passport. The Petitioner No.2 is settled in Canada and carries a Canadian passport since July, 2012. He is at present on deputation in Jordan.

3. The application was made by Respondent No.1 u/s.125 (1) (d) of the CrPC which runs thus:

125. Order for maintenance of wives, children and parents. –

(1) If any person having sufficient means neglects or refuses to maintain.

(a) …..

(b) …..

(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, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct.

4. The procedur















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