IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc M- 14494 of 2010 Date of decision: 17.5.2010 Subhash Chander …Petitioner Versus Ram Piari …Respondent Present: Mr Nakul Sharma, Advocate for the petitioner. S.S.SARON, J. The present petition has been filed by Subhash Chander against his mother – Smt Ram Piari (respondent). The respondent – Smt Ram Piari had filed an application under Section 125 CrPC claiming maintenance. It is alleged that she is 80 years old and had no source of income or any property in her name. She was residing with her son – Darshan Kumar in a very miserable condition and in sheer poverty for the last seven years. Darshan Kumar, it is alleged, had no source of income and was not in a position to maintain her. Her other son – Vijay Kumar was also living from hand to mouth and was not in a position to maintain her. The petitioner, it is alleged, has sufficient income to give her maintenance. He is running an oil expeller business in Ashoka Market, Dera Road, Batala. His income from the said business is Rs 25,000/- per month. He is also dealing in the whole sale Kiryana goods at Dera Baba Nanak Road, Batala and his income from the said shop is Rs 40,000/- per month. The application filed by the respondent – Smt Ram Piari was Cr Misc M- 14494 of 2010 2 opposed by the petitioner. It is denied that he has sufficient means to maintain the respondent. The learned trial Magistrate, vide order dated 22.1.2008 fixed the interim maintenance payable to the respondent @ Rs 1500/- per month. The revision petition of the petitioner has been dismissed by the learned Additional Sessions Judge (Adhoc) Fast Track Court, Gurdaspur, vide order dated 6.10.2008. The present petition has been filed against the order dated 6.10.2008 on 7.5.2010. Learned counsel for the petitioner has submitted that the maintenance is liable to be claimed by the respondent from her other two sons namely Darshan Kumar and Vijay Kumar. However, it is being claimed only from him with a view to harass him. It is also submitted that the proceedings have been initiated as a counter blast to the decree which has been passed in favour of Dyal Chand – father of the petitioner and husband of the respondent. It is denied that Vijay Kumar – the other son is living from hand to mouth, as alleged. After giving my thoughtful consideration to the matter, it may be noticed that only interim maintenance @ Rs 1500/- per month has been awarded to the respondent. The petitioner is admittedly the son of the respondent. The questions as raised and the position and ability of the other two sons to maintain the respondent, are to be considered and gone into after evidence has been led in the case. At present, only interim maintenance has been fixed, which was fixed by the learned JMIC vide order dated 22.1.2008 and the revision against the same has been dismissed on 6.10.2008. The present petition has been filed after 1-1/2 years of the passing of the order by the learned Additional Sessions Judge (Ad hoc) Fast Track Court, Gurdaspur. Cr Misc M- 14494 of 2010 3 In the circumstances, no ground for interference is made out with the interim maintenance that has been awarded. Consequently, this petition is dismissed. 17.5.2010 ( S.S.SARON ) ASR Judge