Rajkumar S/O Kesarilal Raul vs Kunal S/O Rajkumar Raul, Through ...
2017 Latest Caselaw 4595 Bom

                                                    1                       apl463.14.odt

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    NAGPUR BENCH AT NAGPUR

              CRIMINAL APPLICATION (APL) NO.463/2014

      Rajkumar s/o Kesarilal Raul, 
      aged 52 years, Occ. Service, 
      R/o Newipura, Karanja Lad, 
      Tq. Karanja Lad, Dist. Washim                          .....APPLICANT

                               ...V E R S U S...

      Kunal s/o Rajkumar Raul, 
      aged major, Occ. Education thr. 
      his natural guardian mother 
      Smt. Shubha Rajkumar Raul,
      aged 52 years, r/o Chunabhatti,
      near Hanuman Vyayam Prasarak 
      Mandal, Amravati, Tq. Dist. Amravati.  ...RESPONDENT

 -------------------------------------------------------------------------------------------
 Mr. A. D. Girdekar, Advocate for appellant.  
 None for the respondent. respondent.  
 -------------------------------------------------------------------------------------------

                               CORAM:- V. M. DESHPANDE, J.

DATED :- 17.07.2017

ORAL JUDGMENT

1. Rule. Rule is made returnable forthwith.

In view of the order passed by this Court on

28.01.2015, the matter is to be disposed of at the admission stage.

Heard Mr. A. D. Girdekar, learned counsel for the

applicant. None for the non applicant, though served.

2 apl463.14.odt

2. By the present application, the applicant is challenging

the judgment and order passed by the learned Principal Judge,

Family Court, Amravati dated 17.05.2014 in Petition E-11/2013

by which the application filed on behalf of the non applicant under

Section 125 of the Cr. P. C. was granted in part.

The main submission of the learned counsel for the

applicant is that the non applicant is not entitled for the

maintenance since he has already attained the majority.

3. The applicant who is father of non applicant, has

granted divorce to his wife and has given maintenance at the rate

of Rs.1,000/- per month. In my view, there is no need to decide

all other questions raised in this application for maintenance since

non applicant himself had filed an application in 2013 for grant of

maintenance and at that time he has shown his age as 17 years.

4. In view of the law laid down by this Court in Shivaji s/o

Baburao Bhabad @ Bhawad vs. Alka w/o Shivaji Bhabad @

Bhawad; 2010 (3) Mh. L. J. 710, non applicant who has attained

the majority is not entitled to claim maintenance from his father.

It is not the case of the non applicant that he is physically disable.

3 apl463.14.odt

5. In that view of the matter, the present application is

allowed in part. The non applicant is entitled to receive the

amount of Rs.3500/- from the date of filing of the application

before the Family Court till the non applicant attained majority.

Rule made absolute in the above terms. No order as to

costs.

JUDGE

kahale