KIRTIKANT D VADODARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal has been directed against the order dated 12-4-1993 passed by a learned single Judge of the Gujarat High Court in a Special Criminal Application No. 496 of 1993 dismissing the petition of the appellant, affirming the judgment dated 23-3-1993 passed by the City Sessions Judge, Ahmedabad in Criminal Revision Application No. 338 of 1992, arising out of an order dated 16-10-1992 passed by the Metropolitan Magistrate, Court No. 7, Ahmedabad in Criminal Miscellaneous Application No. 163 of 1989 awarding maintenance to Respondent 2, Smt. Manjulaben, the stepmother of the appellant.

(2.) Before dealing with the rival contentions of the parties it would be appropriate to set out the facts briefly.

(3.) The appellant is the son of Dahyalal Hirachand Vadodaria from his first wife. When the appellant was a child of tender age, his mother expired and after about an year, Dahyalal Hirachand took Respondent 2, Smt. Manjulaben as his second wife, from whom 5 sons and 2 daughters were born. All the 5 sons and daughters from the above-named second wife are major. First of all, Dahyalal Hirachand, the father of the appellant alone made a Miscellaneous Application No. 190 of 1984 in the Court of Judicial Magistrate, 1st Class, Surendranagar, claiming maintenance from his son, the appellant, contending that the appellant was serving as a Manager in Central Bank of India and was earning Rs. 5,000 per month in addition to rental income of Rs. 1,000 per month. The appellant contested the said application by pleading that besides the 5 sons from the second wife who are all earning members, his father himself was a person of sufficient means and assets and, therefore, the appellant was not liable to pay any maintenance allowance.