- (1.) Challenge in this revision application is to the order dated 03.04.2014 passed by the learned Principal Judge, Family Court, Koderma in Maintenance Case no. 13 of 2010 on an application of the mother of the petitioner arrayed as opposite party no.2 in the instant petition purported to be under Section 125 of the Code of Criminal Procedure (in short "the Code") whereby and whereunder the said petition has been allowed and direction has been given to the present petitioner to pay a monthly maintenance of Rs.2,500/- to the opposite party no.2.
(2.) Filtering out the unnecessary details, the facts leading to filing of this revision application, are that the opposite no.2 Mosomat Gaurwa aged about 80 years is the mother of the petitioner Basudeo Modi and after the death of her husband, she was dependent on her elder son-the petitioner but later on the petitioner refused to maintain her. She has no money now to support herself or to purchase medicine etc. At present, she is living with her younger son Sanjay Modi, who is a physically handicapped and unable to give her full support. It is also alleged that this petitioner has purchased a hotel at Jhumri Teliya after paying a huge amount and has also a shop at Asansol (West Bengal) and has also earning from agricultural produce at native place and probably his daily earning is Rs.3,000/-. Hence, the opposite party no.2 puts a claim of Rs.5,000/- per month as maintenance amount.
(3.) After notice, the present petitioner appeared and filed his show-cause in court below denying most of the allegations. It was pleaded that even during the lifetime of his father, he was taking care of his mother and after death of his father, he performed marriages of his four sisters besides his own daughters. He has denied that he ever acquired any property at Asansol and Jhumri Telaiya from the income of his father rather his mother sold 1/3rd share of the family land in favour of one Gopi Dhobi without taking his prior consent and handed over the entire sale proceeds to her younger son Sanjay Modi. He has also denied that Sanjay Modi is physically challenged man rather he is a married man having three issues and competent to live like a normal sound man. The petitioner has made allegation against opposite party no.2 that she had ousted him from paternal house and she has been living with her younger son in the said house and turned down his request to live with him. Lastly it has been pleaded that the petitioner himself is a chronic patient of several ailments warranting extensive medical care and treatment and as she is herself capable, her prayer for maintenance cannot be allowed.;