In a criminal revision, the High Court dismissed an appeal by a son against an order granting residence maintenance to his destitute mother. The court held that a son cannot disown his statutory obligation to maintain his mother once he challenges such an order.
Revision dismissed without order as to costs.
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.
23.03.2023 35_36 SB Ct. No.236
CRR 1096 of 2009 In the matter of : Sm. Sumitra Pramanik
with
CRR 3584 of 2008 In the matter of : Mritunjoy Pramanik
This criminal revision is manifestation of displeasure of the petitioner Mritunjoy Pramanik over the order passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Diamond Harbour, South 24 Parganas who was pleased to grant a sum of Rs. 500/- to the opposite party towards maintenance with further direction upon the petitioner to pay the said maintenance together with arrears of maintenance amounting to Rs.14,000/-.
Briefly stated, Smt. Sumitra Pramanik mother of the petitioner before this Court filed an application under Section 125 of Cr.P.C. seeking maintenance from her son. It is contended that after the demise of her husband the petitioner is dependent upon her sons. But they are reluctant to maintain her. Mrityunjoy Pramanick, the elder son of the petitioner on 25.3.2005 drove out the petitioner, from the house. However, he is earning his bread from the landed property left by his father, despite having sufficient means as the son refused to maintain the mother, she was left with no other option but to approach the Court.
Learned Trial Court after considering the evidence on record adduced by parties refused to grant maintenance on the ground that she was being maintained by other three sons, therefore, she was not in need any maintenance for her
sustenance. The judgement of learned Trial Court was challenged before the learned Additional Sessions Judge, 2nd Fast Track Court, Diamond Harbour, South 24 Parganas in Criminal Motion No. 67 / 07 and the learned Court exercising revisional jurisdiction was pleased to grant a sum of Rs. 500/- towards maintenance in favour of the petitioner.
Being one of the sons Mritunjoy Pramanik, who has challenged the order before this Court, cannot disown his responsibility to maintain his mother, therefore, I do not find any cogent reason to interfere with the order passed by learned Additional Sessions Judge, 2nd Fast Track Court, Diamond Harbour, South 24 Parganas.
This revisional application, stands dismissed, however, without any order as to costs.
Let a copy of the order be sent to the learned Trial Court for information and necessary action.
(Siddhartha Roy Chowdhury, J.)
1 issue framed by the court
Whether a son can be directed to pay maintenance to his mother when he challenged a lower court order granting maintenance to her by another subordinate court.
1 provisions across 1 enactments
Mritunjoy Pramanik
Smt. Sumitra Pramanik
Siddhartha Roy Chowdhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
