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High Court Of ChhattisgarhCRR/132/2010dismissed

Gangadhar v. Bhikham Das And ANR.

2016-08-04Hon'Ble The Chief Justice2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No. 132 of 2010 Gangadhar S/o Bhikham Das, Caste - Teli, Age1d about 43 years, Village Sankara, P.S. Balod, Tahsil Balod, District Durg (Chhattisgarh) ---- Petitioner/Applicant

Versus

1. Bhikham Das S/o Dhani Ram, Caste-Teli, aged about 70 years

2. Smt. Hero Bai S/o Bhikham Das, Caste- Teli, aged about 60 years both R/o Sankara, P.S. and Tahsil- Balod, District Durg (Chhattisgarh ---- Non-Applicants/Respondents For Applicant :

None appears.

For Respondents :

Shri R.K. Pali, Advocate appears on behalf of the Shri P.P. Sahu, Advocate.

Hon'ble Shri Deepak Gupta, Chief Justice Order on Board 04/08/2016 1.

This revision has been filed by the son/applicant/petitioner challenging the order passed by the Family Court, Balod on 4.11.2009 directing the applicant/son to pay maintenance amount of Rs.1,500/- per month each to his mother and father i.e. total amount of Rs.3,000/- per month. 2.

This is a unfortunate case where the parents were forced to approach the Court claiming maintenance from their son. From the material on record, it is apparent that the father had purchased two acres of land in village Sankara. Thereafter he purchased four acres of land in village Bailmand and another four acres of land in village Kannewada. Due to old age, he could not look after the lands and he transferred the lands in the name of his son

(petitioner). The son/petitioner after getting all the lands of his father, stopped looking after his father. It is unfortunate that the son, after getting ten acres of land from his father, is not willing to pay maintenance of Rs.3,000/- per month to the parents.

3.

In view of above, I am clearly of the view that there is no merits in the revision and the same is accordingly dismissed. 4.

The order of the Family Court granting maintenance to the parents is upheld. Furthermore, the parents are granted liberty to apply before the Learned Family Court for enhancement of the maintenance in terms of Section 127 of Cr.P.C.

Sd- (Deepak Gupta) CHIEF JUSTICE vatti