S. Suresh Babu vs Sundararajan - 2023 Supreme(Mad) 578

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 578

SUNDER MOHAN
S. Suresh Babu – Appellant
Versus
Sundararajan – Respondent

Advocates appeared:
For the Petitioners:R. Singaravelan, Senior Counsel, M. Rajamani, Advocate. For the Respondent:S.N. Ravikumar, Advocate.

JUDGMENT

(Prayer: Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code, to call for the records in M.C.No.2 of 2019 on the file of the Family Court, Chengalpattu and quash the same.)

1. The petition seeks quashing of the proceedings initiated under Section 125 of Criminal Procedure Code, 1973 against the petitioners herein by their father claiming maintenance from them.

2. The respondent had filed a petition under Section 125 Cr.P.C before the Family Court, Chengalpattu stating that the petitioners sare his sons; that he is unable to maintain himself; that he approached the petitioners for financial support; that the petitioners are well to do and have a duty to maintain the respondent; and that they refused to maintain the respondent. The respondent hence, prayed for a monthly maintenance of Rs.30,000/- from the first petitioner and Rs.20,000/- from the second petitioner.

3. Mr.R.Singaravelan, the learned Senior Counsel for the petitioners/sons of the respondent submitted that the respondent’s petition is not bonafide; that he had abandoned the mother of the petitioners and obtained a decree of divorce ex-parte on 12.12.2006; that the respondent n

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