IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. CHANDRASEKHARAN, J.
Arumugam - Petitioner
Versus
Janani Iswarya - Respondents
CRL.R.C.No.403 of 2017
Decided on : 19-01-2021
Criminal Procedure code, 1973 - Section 125 - Seeking maintenance from daughter and son - Petitioner not able to work and earn and maintain himself due to his old age and illness - Therefore, he filed this petition seeking maintenance - Petitioner purchased properties in name of his wife and settled properties in her name, without keeping any property in his name, petitioner was now driven out of home by respondents and his wife - Petitioner was responsible in giving good education to respondents and settling in their life - Whether order of learned Family Court Judge dismissing Maintenance Case suffers from any incorrectness, impropriety or illegality – Held, petitioner, who is aged more than 60 years comes before this Court seeking maintenance from his children, respondents, it is no doubt that respondents are now employed and earning a handsome salary - Respondents, as children of petitioner and having sufficient means, cannot neglect or refuse to maintain aged father, who is not able to maintain himself - With regard to non-production of medical records to show illness of heart disease, mere non-production of medical records to show illness of petitioner is not a ground to reject claim - Aging process always coupled with onset of various diseases. Aged persons cannot work as an young person - Claim of petitioner that he is not able to work because of his age and illness cannot be doubted - He is not able to work and needs sufficient money to maintain himself - Respondents, as children of petitioner, are liable to pay maintenance to petitioner - Criminal Revision Case allowed.
ORDER :
1. This Criminal Revision Case is filed against the order passed in M.C.No.5 of 2016 by the learned Judge, Family Court, Dharmapuri.
2. The revision petitioner filed a petition under Section 125 Cr.P.C seeking maintenance from the respondents 1 and 2, who are his daughter and son. It is seen from the case of the petitioner that he married his wife Navajothi in 1982 and out of that wedlock, respondents were born. He was living with his family in Ponnagaram and was doing Sound System Business. Then petitioner shifted to Dharmapuri to provide good education to the respondents in 1996. He enrolled them in Chandra Bala Subramaniam School and Sri Vijay Vidhyalaya School and gave good education. He hired shop and was running 'Niranjan Engineering Works' in SR complex and doing the repair of two wheelers and lathe work. He made arrangements for the second respondent to pursue Higher Secondary Education with Vidhya Vikas in Thiruchengodu. He had done B.E., and M.E., in Sasthra University, Thanjure. Petitioner met the educational expenses. First respondent completed her +2 at Vijay Vidhyala Higher Secondary School, Dharmapuri and she completed her Teacher Training at Fathima Teacher Training School at Bangalore and she had also done B.Ed., at Sapthagiri College and M.A., (English) through Distance Education. So, the petitioner provided the respondents with good Education, out of the money earned through his lathe work, selling his properties and jewelleries. Petitioner was very strict with respondents while they were growing. But the respondents did not like the strict and disciplined way of life enforced by the petitioner and at the instigation of their mother, left the petitioner and living separately. Petitioner has become very old now and he is not able to work and earn as he was used to. He is staying in his shop and living with a meagre income getting out of the little work he was able to do. He is also suffering from heart disease and has to spend for medicines. First respondent is working as a Teacher in a Government School and earning more than Rs.30,000/- per month. Second respondent is working as an Assistant Professor in a College near Kancheepuram and earning more than Rs.60,000/- per month. Petitioner is not able to work and earn and maintain himself due to his old age and illness. Therefore, he filed this petition seeking maintenance.
3. The respondents denied the case of the petitioner and submitted that the petitioner lead a wayward life. Their mother and family members raised a loan of Rs.2,00,000/- and set up 'Niranjan Lathe Works'. Petitioner has not taken care and shown involvement in the lathe business and was leading an independent life of his own by developing drinking habit, illicit relationship. He was not looking up the respondents and his wife. Petitioner has not taken any steps to educate the respondents. Respondents, on their own and with the help of educational loan, pursued their studies. It is false to state that the respondents are earning monthly salary as claimed by the petitioner. In fact the petitioner deserted the respondents and his wife. He has not taken any steps to get his children, the respondents, married. There is no evidence produced to show that he is suffering from illness. He is hale and healthy and fit to work and earn and maintain himself. Hence, this petition is filed abusing the process of law to harass the respondents. Therefore, the respondents prayed for the dismissal of this petition.
4. During the enquiry, petitioner was examined as PW.1 and Exs.P1 to P6 were marked. Respondents were examined as RW.1 and RW.2 and Exs.R1 to R6 were marked. Considering the oral and documentary evidence produced, the learned Family Court Judge dismissed the claim of the petitioner. Against the said dismissal order, this Revision Case is filed.
5. Learned counsel appearing for the petitioner submitted that the petitioner was made to part with his properties in favour of his wife Navajothi. Exs.P1
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