1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICTION NO. 262 OF 2009 Smt. Neha Balasaheb Chaudhary .. Applicant Versus Nitin Balasaheb Choudhary .. Respondent WITH CRIMINAL REVISION APPLICTION NO. 618 OF 2009 Shri Nitin Balasaheb Chaudhary .. Applicant V/s Smt. Neha Balasaheb Chaudhary .. Respondents Shri R. G. Reddy, for the Applicant Mother Shri Deepak Kadam for the Applicant Son Shri J. P. Kharge, APP for the State CORAM: MRS. MRIDULA BHATKAR, J. Reserved for Judgment to : 10th August, 2009 Judgment pronounced on : 13th August, 2009 J U D G E M E N T 1. Heard learned counsel for the parties. 2. By consent of the parties, taken up for final hearing. 3. These two Revision applications are preferred against the 2 order passed by the Judge of the Family Court, Pune on 30.9.2008 by which the learned Judge has directed the applicant-son to pay an amount of Rs.4000/- per month to the Respondent- mother towards maintenance, from the date of application, under Section 125 of the Criminal Procedure Code. 4. The son, who is applicant in criminal revision application No. 618/2009 has challenged the said order on the ground that the respondent-mother is having source of maintenance and not dependent on him and prayed to quash and set aside the the same. 5. The Mother who is the applicant in Criminal Revision application No. 262 of 2009 has challenged the said judgment and order of the family Court on the ground that the amount of Rs.4000/- granted by the Family Court is less and the amount be of maintenance be increased to Rs.10,000/- per month. Hence these two revisions being against one and the same order, are decided by this common judgment. 6. In the present matter, applicant-son has been residing abroad and at present he is residing in Masquat. He is gainfully 3 employed and drawing salary of Rs.40000/- per month. The Applicant son has given the details of the family expenses. The ground on which the order of maintenance of Rs.4000/- is challenged by the son is that the mother is residing in the house belonging to him and she getting interest on Rs.6,00,000/- which is kept in the fixed deposit. The applicant-mother, per contra, has contended that she has only Rs. 3,60,000/- in the Bank account and receives Rs.2,500/- per month by way of interest. However, the said amount is not sufficient for her to maintain herself and that the Amount of maintenance Rs.4000/- is very meager, considering her expenses in the old age. 7. It is unfortunate situation that the mother and son both are totally hostile and have denied that they both form a family unit. Though they both have disowned each other, to maintain the dependent parent is the legal duty of the children . Denial of the relation does into absolve the persons from their statutory duty. The mother is to be considered as dependent on her son. 8. In the present case, the petitioner son has provided shelter to his mother and at present she is residing there. The son is 4 paying charges of the said garage-residence. The learned counsel for the petitioner has given the breakup of his expenditure , financial liability, dependency of his wife in Masquat. Learned Family Court has dealt with all the issues viz. degree of dependency of the mother and the financial burden on the applicant son. Learned Judge has taken a balanced view and has fixed the maintenance of Rs.4000/-. I do not find any illegality in the said order. Hence, no need to interfere. In the result, both the revisions are dismissed. (MRIDULA BHATKAR, J.) jpc/-