Smt Pushpalatha vs Mr. Devamma and Miss Kusuma S.M.

Mohan Shantanagoudar

By the impugned order, the Court below has awarded Rs. 5,000/- per month as interim maintenance in favour of respondent No. 1-mother of the petitioner. The records reveal that Late Mallaiah-husband of respondent No. 1 was employee of Food Corporation of India. While in service, he died unfortunately leaving behind his widow respondent No. 1, one son and five daughters including the petitioner and respondent No. 2 herein. After the death of Mallaiah, the widow of Mallaiah i.e., respondent No. 1 herein was sanctioned pension of Rs. 1,750/- per month, whereas, another unmarried daughter was awarded Rs. 438/- per month by way of pension till she attained the age of 25 years. The petitioner is the second daughter of Mallaiah and Devamma (respondent No. 1 herein). The petitioner herein made an application to the Food Corporation of India seeking employment on compassionate grounds. At that point of time, one of the five daughters or the son of Late Mallaiah was entitled to the employment. However, an understanding was entered into between the widow of Mallaiah-respondent No. 1, the daughters & the son and consequently, it was decided in the family that the petitioner should get employment on compassionate grounds. An undertaking by way of affidavit was filed by the petitioner before the concerned employer that she would look after the dependents viz., mother, two younger sisters and younger brother even after the petitioner''s marriage. On the basis of the undertaking, respondent No. 1 herein as well as others family members gave no objection for providing employment to the petitioner on compassionate grounds and consequently the petitioner was appointed and is working in Food Corporation of India. She is drawing gross salary of Rs. 24,278/- as on December 2011. Undisputedly, respondent No. 1 herein is dependent on the petitioner. Consequently, the petitioner is legally bound to maintain the mother - first respondent. The amount of Rs. 1,750/- p.m. which is awarded to the first respondent by way of family pension will be hardly sufficient to maintain the first respondent even for one week at Mysore. Added to it, respondent No. 1 has to maintain her two younger daughters and a son. Admittedly, the second respondent viz., Kusuma is having kidney ailment and she is taking treatment for the serious illness. On the other hand, the petitioner is married and her husband is also working and earning. In view of the above, it is amply clear that the first respondent is entitled to maintenance u/s 125 Cr.P.C.

As aforementioned, the petitioner is drawing gross salary of Rs. 24,278/-. The Court below has awarded Rs. 5,000/- towards interim maintenance to the first respondent. Having regard to the present day cost of living and as the first respondent has to in-turn maintain her two daughters and a son, of which one is ailing from kidney problem, the amount of Rs. 5,000/- awarded by the Court below towards interim maintenance cannot be said to be on the higher side. Hence, no interference is called for. Petition fails and the same stands dismissed. The observations made during the course of this order will not influence the Court below while deciding the main matter.