O R D E R

This petition is filed by the father of respondents 1 to 4. A petition under section 125 of Cr.P.C. was filed by him and his wife who was then aged 67 years. The petitioner herein, who was the 1st petitioner in the Maintenance Case, was then aged 80 years. It was contended that they were suffering from so many ailments and they were unable to maintain themselves and that the respondents who are having sufficient income are not providing any maintenance to them and so they sought maintenance from the respondents. The learned Judge, Family Court, dismissed the petition holding that the petitioners could not prove that they are unable to maintain themselves.

2. The petitioner herein was examined as PW1 and Exhibits A1(a) to A1(p), A2(a) and A2(b), and A3 to A6 were marked. Exhibits B1 to B5 and B6(a) to B6(i) were also marked on the side of the respondents.

3. After considering the evidence the court below dismissed the petition. Subsequent to the dismissal of the petition, the 2nd petitioner - mother expired. Hence, this petition is filed only by the father, who is now aged more than 82 years, contending that the court below has totally misconceived and misconstrued the case a