BHAUSAHEB Vs. LAXMAN

JUDGEMENT

(1.) Heard learned Counsel for the parties. Respondent nos.3 and 4 absent, although served.

(2.) By the present petition filed by the petitioner (original respondent no.1) under Article 227 of the Constitution of India, and under Sections 482 and 125 of the Code of Criminal Procedure, 1973, prayed that judgment and order dated 24-3-2004, rendered by the learned Judicial Magistrate (F.C.), Rahuri, in Criminal Miscellaneous Application No. 365/2002, and the judgment and order dated 9-9-2004, rendered by the learned 5th Ad hoc Additional Sessions Judge, Ahmednagar, in Criminal Revision Application No. 130/2004, be quashed and set aside by issuance of writ of certiorari.

(3.) The petitioner herein, namely, Bhausaheb, and respondent no.3, Rambhau, and respondent no.4, Bharat, are sons of respondent no.1, Laxman, and respondent no.2, Smt. Gayabai. The respondent nos.1 and 2, namely, Laxman and Smt. Gayabai i.e. parents of petitioner and respondent nos.3 and 4 herein, filed an application for maintenance against the petitioner and respondent nos.3 and 4 herein, under Section 125 of the Code of Criminal Procedure before the learned Judicial Magistrate (F.C.), Rahuri, under Criminal Misc. Application No. 365/2002, and thereby claimed maintenance from them, at the rate of Rs. 1,500/- per month. The said parents contended in the said application that their sons are residing separately from them and both of them are of old age and they are having no source of income. They also contended that they were having ancestral properties, but the same were mutated in the names of their aforesaid three sons. It is also case of the applicants that they are illiterate and by taking undue disadvantage of their illiteracy, the petitioner herein got entered his own name in the land bearing Gut No. 309, and hence both of them became landless. They further asserted that the petitioner herein i.e. respondent no.1 in the said application was serving with Maharashtra State Road Transport Corporation and was drawing monthly salary of Rs. 10,000/-, and also earns Rs. 1,50,000/- per year from agricultural Bagayat lands, and also his wife earns Rs. 2000/- per month from suing machine.