M.A.Akramuddin v. Smt. M A. Kubrabegum

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4659 OF 2016 ORDER:

This petition is filed by the petitioner under Section 482 Cr.P.C. seeking to quash the order dated 14.5.2015 passed in Crl.R.P.No.69 of 2014 by the Principal Sessions Judge, Warangal. The 1st respondent, who is the mother of the petitioner, filed M.C.No.4 of 2010 before the Judicial Magistrate of First Class, Parkal, seeking maintenance of Rs.3,500/- per month. She stated in the above M.C. that her husband worked as an employee in Electricity Board and he died while he was in service. On the death of her husband, the petitioner got job on compassionate grounds and he undertook to look after the family. After his marriage, he failed to look after the 1st respondent and other family members. The trial Court after conducting trial allowed the above M.C. in part directing the petitioner to pay maintenance of Rs.2,000/- per month to the 1st respondent from the date of filing of the above M.C. Aggrieved by the same, the petitioner filed the above Crl.R.P.No.69 of 2014. The learned Sessions Judge dismissed the revision petition. Hence, the petitioner filed this petition.

Heard and perused the material available on record. Admittedly, the 1st respondent is the mother of the petitioner. From the material on record, it is obvious that though the petitioner is having sufficient means, he failed to provide maintenance to his mother. Both the Courts below held that the 1st respondent is entitled for maintenance. Further, the maintenance granted by the Court below is very meagre.

In the facts and circumstances of the case and in view of the concurrent findings of both the Courts below, this Court is of the view that the order impugned does not warrant any interference by this

Court. Hence, this petition is liable to be dismissed. Accordingly, the Criminal Petition is dismissed. Consequently, miscellaneous petitions pending, if any, shall stand dismissed. The petitioner is directed to pay the arrears of maintenance to the 1st respondent in six equal monthly instalments commencing from the month of April, 2016, apart from paying the monthly maintenance granted by the Courts below.

______________________ JUSTICE RAJA ELANGO Date : 4.4.2016 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.4659 OF 2016 DATED 4.4.2016 Nn