The term 'person' in Section 125(1) Cr.P.C. includes both mother and father, holding both liable to maintain a minor child with sufficient means.

JUDGMENT :

Pankaj Purohit, J.

This revision is directed against the judgment and order dated 30.03.2013, passed by learned Judge, Family Court, Udham Singh Nagar, whereby the petition made by the minor son of the revisionist for maintenance under Section 125 Cr.P.C. was allowed partly and the revisionist (mother of respondent-minor) was directed to pay a sum of Rs.2,000/- as maintenance to the respondent-minor from the date of filing of the petition for maintenance till the respondent-minor attained majority.

2. The petition for maintenance was filed on 25.03.2011 by the respondent-minor through his natural guardian against the revisionist-mother in the court of learned Judge, Family Court, Udham Singh Nagar, which was registered as Miscellaneous Criminal Case No.73 of 2011, Adwait Anand @ Devansh vs. Smt. Anshu Devi, under Section 125 of Cr.P.C.

3. The facts of the case, as reflected from the petition moved by the respondent-minor through his natural guardian-father are that respondent is son of the revisionist and Nathu Lal, who was born on 06.12.2000, out of the wedlock of revisionist and Nathu Lal, who were married on 07.05.1999, as per Hindu Rites and Rituals. On 23.09.2006, the marriage between the revisionist and Nathu Lal was dissolved, due to their differences. After dissolution of the marriage, respondent-minor was living with his father-Nathu Lal. It was alleged in the petition for maintenance that after the dissolution of marriage, revisionist was never visited the respondent-minor, which deprived the respondent-minor of love and affection of his mother. It was also pleaded in the petition for maintenance that the financial condition of father of respondent-minor deteriorated and he had no means to provide quality education, upbringing and food to the respondent-minor. According to respondent-minor, it is the duty of the mother also along with father to maintain her child. It was further pleaded that as against the financial condition of his father, revisionist-mother was a Government Teacher and was getting at the time of filing of the petition for maintenance about Rs.25,000 to Rs.30,000/- per month as she was posted in primary school Ramnagar. On the basis of the aforesaid averments, respondent prayed Rs.10,000/- from her mother (revisionist).

4. The petition for maintenance was contested by the revisionist by filing an objection on 27.03.2012, in which the factum of marriage of revisionist with Nathu Lal Gupta was admitted. It was also admitted that respondent-minor was born out of the said wedlock between them and it was also admitted that there was dissolution of marriage between them on 23.09.2006, on the basis of a compromise before learned Judge, Family Court, Udham Singh Nagar in Case No.198 of 2005. As per the terms of compromise, whereby the marriage between the revisionist and Nathu Lal was dissolved, respondent-minor was retained by his father-Nathu Lal with him and had taken his responsibility to maintain and to bring him up. However, she had stated that after the dissolution of marriage with Nathu Lal, revisionist solemnized marriage with one Babu Lal and out of the second marriage, a son-Saubhagya was born to the revisionist, but unfortunately, after her second marriage Babu Lal died in an accident. The revisionist had to maintain son-Saubhagya born from Babu Lal and also her in-laws.

5. Apart from this, it was also stated that Nathu Lal, father of the respondent-minor was a rich man having four acres of agriculture land, four shops and house at Gularbhoj band and one house in Indira Colony. The petition for maintenance was moved only to harass the revisionist.

6. Both the revisionist and respondent-minor produced their respective evidence before the Family Court, wherein respondent-minor mainly stated that he lived with his father-Nathan Gupta; name of his mother is Smt. Anshu Gupta and he was born on 06.12.2000. He also stated that his mother is a Government Teacher and received Rs.30,000/- salary, this