Adult children are legally obligated to provide financial support to their elderly parents, regardless of civil disputes between siblings.

1. Heard.

2. ADMIT. Taken up for final disposal forthwith by consent of the learned advocates for the parties.

3. These two criminal applications arise out of the common order dated 23.09.2022 passed by learned Additional Sessions Judge, Akola in Criminal Revision Application Nos.215/2018 and 223/2018 and as such are being disposed of by this common judgment.

4. Learned Additional Sessions Judge, Akola, by his order dated 23.09.2022 modified the order passed by learned Judicial Magistrate, First Class, Barshitakli dated 24.10.2018 in Misc. Criminal Application No. 126/2014 and directed two sons of non-applicant Smt. Anjanabai to pay monthly maintenance @ Rs.4,000/- each and the daughter to pay monthly maintenance @ Rs.2,000/- to non-applicant Anjanabai, from the date of application. Being aggrieved by this order, the applicants have filed the above two applications.

5. The facts are as follows :

The applicants are the sons and daughter of non-applicant Anjanabai. Anjanabai had filed application under Section 125 of the Code of Criminal Procedure against her son Vijaysingh Solanke for maintenance. The said application was allowed by order dated 19.08.2016 and Vijaysingh was directed to pay maintenance @ Rs.5,000/- per month to his mother Anjanabai. Vijaysingh filed revision application against this order in the Sessions Court at Akola. Anjanabai also filed revision application in the Sessions Court at Akola. The revision applications were heard and decided by a common judgment dated 19.01.2018. The order passed by learned Magistrate was set aside and the case was remitted back to learned J.M.F.C., Barshitakli to hear it afresh by adding son Dilipsingh and daughter Ashabai as the non-applicants. Accordingly, learned Magistrate decided the application made by Anjanabai afresh by his order dated 24.10.2018 and directed her son Vijaysingh only to pay maintenance @ Rs.6,000/- per month to Anjanabai from the date of application. Vijaysingh preferred revision against this order in the Sessions Court at Akola. Vijaysingh did not join his brother Dilipsingh and his sister Ashabai as respondents in the said revision. Learned Additional Sessions Judge by his order dated 23.03.2021 partly allowed the revision application and directed both the sons, Vijaysingh and Dilipsingh, to pay Rs.4,000/- per month each to Anjanabai and directed daughter Ashabai to pay Rs.2,000/- per month to Anjanabai, towards maintenance. Dilipsingh and Ashabai challenged the order dated 23.03.2021 passed by learned Additional Sessions Judge before this Court. Similarly, Anjanabai also challenged the said order before this Court. This Court (Coram : Avinash G. Gharote, J.) by order dated 07.04.2022 in Criminal Application (APL) Nos.1152/2021 and 1269/2021, set aside the order passed by learned Additional Sessions Judge, dated 23.03.2021 and remitted the matter back to learned Sessions Judge with a direction to add Dilipsingh Puransingh Solanke and Ashabai Gokulsingh Chavan as party respondents and then decide the revision applications afresh. Learned Additional Sessions Judge, in compliance of the order of this Court, after adding Dilipsingh Solanke and Ashabai Chavan as party respondents, decided the revisions afresh by his order dated 23.09.2022 and directed sons Vijaysingh Solanke and Dilipsingh Solanke to pay monthly maintenance @ Rs.4,000/- each and daughter Ashabai Chavan to pay maintenance @ Rs.2,000/- to their mother Anjanabai from the date of the application.

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