Criminal revision against a Family Court order granting maintenance to a biological mother. The court affirmed the relationship and dismissed the plea of no liability, despite her remarrying.
Maintenance order of Rs. 1500-2000/month allowed to mother remains valid.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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A.F.R.
Neutral Citation No. - 2023:AHC:221472 Reserved On: 03.08.2023 Delivered On: 22.11.2023
In Chamber
Case :- CRIMINAL REVISION No. - 4011 of 2022
Revisionist :- Ajay Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ashish Kumar Srivastava Counsel for Opposite Party :- G.A.,Lalji Yadav,Yashpal Yadav
Hon'ble Ram Manohar Narayan Mishra,J.
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is son of the applicant born out of her wedlock with her late husband Sunderlal, obtained a job on death of his father under Dying in Harness Rules. He is also serving in Parachute Factory, Kanpur Nagar. The opposite party after getting the job under dying in harness rules parted his ways from the applicant and began to reside separately from her. He never took care of the applicant whereas in the affidavit filed by him at the time of joining, he had undertaken to taken care of his mother and family. The applicant is blessed with four sons apart from the opposite party Ajay Kumar, who are named as Anil Kumar, Pintu, Monu (differently abled) and Vikky. The applicant is an elderly and infirm lady. The opposite party is shirking from his liability to maintain his mother. The name of the applicant was entered in service record of her late husband in Ordnance Parachute Factory. She is presently residing in a mud house with thatched shed. She is unable to maintain herself. The opposite party is possessed of sufficient means to maintain his elderly mother. Therefore, he may be directed to pay Rs.10,000/- per month towards maintenance of his motherthe applicant.
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husband Munnu. The name of Smt. Manorama was deleted in the service record of late Sunderlal and in her place the name of Smt. Geeta Devi is presently entered. The opposite party is not liable to maintain Smt. Manorama.
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maintain himself or herself, a Magistrate of first class may upon proof of such neglect or refusal could order such person to make a monthly allowance for the maintenance of his or such child, father or mohter at such monthly rate, as such Magistrate thinks fit. According to the court below, the word father and mother is only used in the section. The right of first mother to seek maintenance from his son does not get extinguished only due to the fact that she had nurtured his son or she contracted second marriage with some other person. The relationship of mother and son is established between the applicant and opposite party. The learned court below has also held in impugned judgment that the applicant has stated in her evidence that she is unable to maintain herself and she resides in mud house with thatched shed. She is an elderly, infirm and helpless lady whereas her son works in Ordnance Parachute Factory, which is undertaking of Central Government. He is perfectly able to maintain the applicant, who is his mother. She is aged around 72 years. The opposite party works in a Central Government undertaking and job was obtained by him under dying in harness rules, after death of his father. Therefore, he is under obligation to maintain her mother, who is unable to maintain herself and with this finding learned Principal Judge has awarded the maintenance to the applicant in above manner.
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obtained a job under dying in harness rules in the same concern. The revisionist is complying with the orders of learned court below. The learned court below without considering the relevant facts of the case, allowed the application of opposite party No.2 and directed the revisionist to pay maintenance to her in impugned judgement and order whereas the relationship of mother and son does not exist between the parties. Therefore, the impugned order is not sustainable and liable to be set aside.
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out of her wedlock with his father Sunderlal @ Raja Babu and on the other hand he states that she is not her mother as she left him and his siblings in year 1981 and contracted second marriage with Munnu Ram. Whatever be, it may, the revisionist is treated as biological son of applicant and the finding of court below is correct on this point that their exists a relationship of mother and son between the revisionist and opposite party No.2 and this fact is proved by the evidence that the opposite party No.2 is unable to maintain herself. She is an elderly lady, who is not having any source of income. This fact is also not going to help the revisionist in his effort to avoid payment of a paltry sum of maintenance awarded in impugned judgement to his mother that succession case lodged by present opposite party No.2 against revisionist as Succession Case No.305/70 of 1993 was dismissed by the competent Court on finding that the applicant failed to establish this fact that she was legally wedded wife of deceased Sunderlal @ Raja Babu at the time of his death as this fact is proved on the basis of evidence that she contracted marriage with Munnu, son of Sattallu on 3.8.1981. The factum of son and mother is established between the parties and the revisionist is bound to maintain his elderly mother, who is unable to maintain herself. The revisionist cannot shirk is responsibility to maintain the applicant on the ground that she can seek maintenance from her remaining children. The revisionist has admitted in his evidence that he including four siblings were born out of the wedlock of the applicant and his late father Sunderlal @ Raja Babu. Finding of court below is based on evidence on record. The amount awarded in impugned judgement is a meagre amount, as stated in impugned order the revisionist is working in Ordnance Parachute Factory and is getting Rs.35,000 to Rs.36,000/- per month and is able to pay maintenance to her mother. Therefore, in these circumstances, the amount of Rs.1500/- per month from the date of application to date of judgement and Rs.2,000/- per month thereafter, awarded as maintenance to opposite
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party No.2 needs no interference in present revision. Revision is devoid of merits and is liable to be dismissed.
Order Date :- 22.11.2023
Kamarjahan
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Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether a biological mother who contracted a second marriage while the first husband was alive loses her right to maintenance from the son.
Whether the son can avoid maintenance liability by pleading that she left his custody during his childhood.
2 provisions across 1 enactments
Ajay Kumar
Smt. Manorama
Kamarjahan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
