IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.716 of 2007 1. NAND KISHORE PRASAD ,S/O LATE BUDHINATH PRASAD 2. SMT. SUDHA RANI, W/O NAND KISHORE PRASAD RESIDENT OF MOHALLA - TILKA MANJHI, BHAGALPUR, P.S. – TILKA MANJHI, DISTRICT, BHAGALPUR - Petitioners Versus 1. SANTOSH KUMAR 2. SUNIL KUMAR BOTH SONS OF NAND KISHORE PRASAD, R/O MOHALLA TILKA MANJHI,P.S. – TILKA MANJHI, DISTRICT – BHAGALPUR 3. State of Bihar - Opposite Party ----------- For the petitioner: Mr. Samir Kumar Sinha, Adv. For the State: Mr. Jitendra Kumar Singh I, A.P.P. ------------ 6/ 12.05.2010 This Cr. Revision is directed against the order dated 16.3.2007 passed in Misc. Case No. 64 of 2006 by which the learned Principal Judge of the Family Court, Bhagalpur rejected the application filed by the petitioners under Section 125 of the Code of Criminal Procedure for maintenance allowance. Notice is served upon O.P. Nos. 1 & 2 which was to the effect that revision should be heard on merit also, even then, none appeared on their behalf. In brief petitioners filed a maintenance case under Section 125 Cr.P.C. against O.P. Nos. 1 & 2, their sons, but with no reasoning their prayer is refused observing the petition not tenable. Section 125(i) entitles father and mother of a person, unable to maintain, claim maintenance from their sons having sufficient means, but, neglecting or refusing to maintain. If the number of sons is more than one, then, utmost, maintenance can be awarded proportionate to their share, but, in no case, it can be observed that maintenance petition is not tenable, as has been done in instant case, so, the conclusion reached by the learned Principal Judge is not allowed to be sustained. Accordingly, revision petition is allowed. Order in question is set aside, and, case is send back in the court concerned for its disposal, afresh, in accordance with law. Praful / A.F.R. ( Mandhata Singh, J.)