JUDGMENT :

DUTT, J.

1. The only point that is involved in this appeal by special leave is whether respondent 1 is entitled to claim maintenance from the appellant, his married daughter, under Section 125(1)(d) Criminal Procedure Code.

2. The appellant Dr. Mrs. Vijaya Arbat, a medical practitioner at Kalyan, District Thane, is the married daughter of respondent 1 Kashirao Rajaram Sawai, by his first wife. Her mother died in 1948. Thereafter, respondent 1 remarried and is living with his second wife. Respondent 1 filed an application before the Judicial Magistrate, First Court, Kalyan, claiming maintenance from the appellant, his daughter, at the rate of Rs. 500 per month on the ground that he was unable to maintain himself.

3. At the outset, the appellant raised a preliminary objection to the maintainability of the application on the ground that Section 125(1)(d) Criminal Procedure Code does not entitle a father to claim maintenance from his daughter. The preliminary objection was overruled by the learned magistrate, and it was held by him that the application was maintainable. Being aggrieved by the order of the learned magistrate, the appellant moved the Bombay High Court in revision.