1 remarried and is living with his second wife.
Being aggrieved by the order of the learned Magistrate, the appellant moved the Bombay High Court in revision.
The preliminary objec tion was overruled by the learned Magis trate, and it was held by him that the application was maintainable.
Her mother died in 1948.
378 of 1986.
From the Judgment and Order dated 11.10.
Hence this appeal by special leave.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The Judgment of the Court was delivered by DUTT, J. The only point that is involved in this appeal by special leave is whether the respondent No.
1985 of the Bombay High Court in Crl.
Thereafter, the respondent No.
Revision Appln.
1 is entitled to claim maintenance from the appellant, his married daugh ter, under section 125 1 d Cr.
M. Khanwilkar, A.S. Bhasme and G.B. Sathe for the Respondents.
167 of 1985.
P.C. The appellant Dr. Mrs. Vijaya Arbat, a medical practi tioner at Kalyan, District Thane, is the married daughter of the respondent No.
N. Ganpule for the Appellant.
1 Kashirao Rajaram Sawai, by his first wife.
The respondent No.
1 filed an application before the Judicial Magistrate, First Court, Kalyan, claiming maintenance from the appellant, his daughter, at the rate of Rs.500 per month on the ground that he was unable to maintain himself.
At the outset, the appellant raised a preliminary objec tion to the maintainability of the application on the ground that section 125 1 d Cr.
