Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maintenance of father/mother by a daughter |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) General Clauses Act, 1897 (10 of 1897) Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973, section 125( 1)(d), scope of Interpretation of the pronoun 'his'-Whether includes 'her'-Section 2(y) of Criminal Procedure Code read with section 8 of Indian Penal Code and section 13( 1) of the General clauses Act-Maintenance of father/mother by a daughter-Whether a claim by a father under section c 125 (1)(d) Criminal Procedure Code maintainable. The appellant, a medical practitioner at Kalyan, District Thane, is --~ the married daughter of Respondent No. 1, Kashirao Rajaram Sawai, by his first wife, who died in 1948. Thereafter, Respondent No. 1 remarried and he is living with his second wife. He filed an application before the Judicial Magistrate, First Court Kalyan claiming maintenance from the appellant at the rate of Rs.500 per month on the ground that he was unable to maintain himself. A preliminary objection raised to the effect, that an application under section 125(1)(d) Criminal Procedure Code by a father to claim maintenance from his daughter was not maintainable was overruled by the Trial Magistrate and upheld by the High Court in revision. Hence -the daughter's appeal by Special leave. |
Judge | Hon'ble Mr. Justice M.M. Dutt |
Neutral Citation | 1987 INSC 51 |
Petitioner | Dr. (mrs.) Vijaya Manohar Arbat |
Respondent | Kashi Rao Rajaram Sawai And Anr. |
SCR | [1987] 2 S.C.R. 331 |
Judgement Date | 1987-02-18 |
Case Number | 378 |
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