1 HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.246 OF 2009 Vasant Bhimu Panchal and others. ... Petitioners Vs. Smt.Sonabai Bhimu Panchal and another. ... Respondents. Mr.P.D.Pise, Advocate for Petitioners. Mr.S.S.Pednekar, APP for State/Respondent No.2. CORAM: A.S. OKA, J. DATE: 24TH APRIL, 2009. P.C. 1 By this petition under Article 227 of the Constitution of India, the Petitioners who are the sons of the first Respondent-mother whose present age is 75 years, have challenged the order passed by the Sessions Court by which the Petitioners and the third Respondent have been directed to pay maintenance of Rs.1,500/- per month to their 75 years age old mother. 2 The submission of the learned counsel appearing for the Petitioners is that the first Respondent has not adduced any independent evidence to show that the Petitioners and the third Respondent are neglecting her and they are not maintaining her. He invited my attention to cross-examination 2 of the first Respondent and submitted that there is nothing on record to show that the Petitioners and the third Respondent have avoided to maintain the first Respondent. He submitted that the Petitioners and the third Respondent are the poor persons and they cannot afford to pay maintenance of Rs.1500/- per month to their mother. 3 I have carefully considered the submissions. What has been pointed out from the cross-examination of the first Respondent is the response of the first Respondent to a suggestion in the cross-examination that the Petitioners and the third Respondent are willing to maintain her. What has been considered by the Sessions Court is the first statement on oath of the first Respondent-mother that whenever she approached her sons, they treated her with contempt and she was insulted. Her statement on oath is that in the month of April 2006 when the first Respondent visited her sons, she was ousted from the house at the instigation of the wives of the sons. 4 It must be borne in mind that a 75 year woman had ventured to file an application under Section 125 of the Code of Criminal Procedure, 1973 against her own sons. 5 No fault can be found with the approach of the Sessions Court of accepting the statements made by 75 years' old mother that her sons insulted her and treated her with the contempt. The total amount granted is only 3 Rs.1,500/- per month. 6 Hence, no case is made out for interference in a petition under Article 227 of the Constitution of India. The petition is rejected. However, time of ten weeks from today is granted to the Petitioners and the third Respondent to pay arrears of maintenance. JUDGE