Case Note & Summary
The respondents, Govindrao Upasrao Naik and Mankarnabai, parents of the applicant Vasant Govindrao Naik, filed an application under Section 125 of the Code of Criminal Procedure, 1973 before the Family Court at Amravati seeking maintenance of Rs. 20,000 per month each from their son. They alleged that Vasant was serving in a high position at Saudi Polydlefins Company in Saudi Arabia, earning approximately Rs. 3 lakhs per month, and had stopped supporting them after his marriage. They claimed they were residing in their daughter's house and had no sufficient means to maintain themselves, having spent heavily on their children's education by selling 16 acres of land. The Family Court, by judgment and order dated 27.08.2014 in Petition No. E35/2013, directed Vasant to pay Rs. 20,000 per month each (total Rs. 40,000) from the date of filing, i.e., 4.3.2013. Aggrieved, Vasant filed the present criminal revision application challenging the quantum of maintenance. The High Court examined the facts and found that the parents were unable to maintain themselves despite owning some land, and that Vasant's income was substantial. The court held that the Family Court had correctly assessed the quantum and that there was no ground to interfere. The revision was dismissed, and the maintenance order was upheld.
Headnote
A) Criminal Procedure Code - Maintenance of Parents - Section 125 CrPC - Parents' Right to Maintenance - Parents filed application under Section 125 CrPC claiming maintenance from their son who was earning Rs. 3 lakhs per month in Saudi Arabia. The Family Court awarded Rs. 20,000 per month each. The son challenged the quantum. Held that the parents, though owning some land, were unable to maintain themselves and the son's high income justified the award. (Paras 1-10)
B) Criminal Procedure Code - Quantum of Maintenance - Section 125 CrPC - Assessment of Income - The son was earning Rs. 3 lakhs per month and had no other dependents. The Family Court's award of Rs. 40,000 per month total was not excessive. Held that the quantum was just and proper considering the son's capacity and parents' needs. (Paras 5-10)
Issue of Consideration
Whether the Family Court was justified in directing the son to pay maintenance of Rs. 20,000 per month each to his parents under Section 125 CrPC.
Final Decision
The High Court dismissed the criminal revision application and upheld the Family Court's order directing the applicant to pay Rs. 20,000 per month each to his parents.
Law Points
- Maintenance under Section 125 CrPC
- Parents' right to maintenance
- Quantum of maintenance
- Ability to pay
- Inability to maintain
Case Details
2016 LawText (BOM) (02) 103
Criminal Revision Application No. 172/2014
Mrs. R.P. Khaparde for applicant, Mrs. S.P. Deshpande for respondents
Vasant s/o Govindrao Naik
Govindrao Upasrao Naik and Sou. Mankarnabai w/o Govind Naik
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Nature of Litigation
Criminal revision against maintenance order under Section 125 CrPC
Remedy Sought
The applicant son sought to set aside or reduce the maintenance amount awarded to his parents.
Filing Reason
The applicant was aggrieved by the Family Court's order directing him to pay Rs. 20,000 per month each to his parents.
Previous Decisions
Family Court, Amravati, by judgment dated 27.08.2014 in Petition No. E35/2013, directed the applicant to pay maintenance of Rs. 20,000 per month each to the respondents.
Issues
Whether the Family Court's award of Rs. 20,000 per month each to the parents was excessive and required interference.
Submissions/Arguments
The applicant argued that the quantum of maintenance was excessive and that the parents had their own land and income.
The respondents argued that they were unable to maintain themselves and that the son had a high income of Rs. 3 lakhs per month.
Ratio Decidendi
Under Section 125 CrPC, parents are entitled to maintenance from their children if they are unable to maintain themselves. The quantum of maintenance must be just and proper considering the income of the child and the needs of the parents. In this case, the son's high income of Rs. 3 lakhs per month justified the award of Rs. 40,000 per month total to his parents.
Judgment Excerpts
Being aggrieved by the judgment and order dated 27.08.2014 in Petition No.E35/2013 passed by the learned Principal Judge, Family Court, Amravati, by which the applicant has been directed to pay Rs. 20,000/ per month each, totalling to Rs. 40,000/ from the date of filing of the Application i.e. 4.3.2013, to the father and mother of the applicant (original petitioners), the instant Revision has been filed.
The respondents herein, that is, applicants before the Family Court, Amravati Govind and Mankarnabai, filed an Application under Section 125 of the Code of Criminal Procedure, 1973 against the present applicant Vasant, their son, for grant of maintenance in the sum of Rs. 20,000/ per month each, from the applicant.
Procedural History
The respondents filed an application under Section 125 CrPC before the Family Court, Amravati, which was allowed on 27.08.2014. The applicant filed a criminal revision application before the High Court of Bombay at Nagpur, which was dismissed on 02.02.2016.
Acts & Sections
- Code of Criminal Procedure, 1973: 125
