Case Note & Summary
The petitioner, Namdeo Dighade, is the step-son of the respondent, Manjulabai Dighade. The respondent filed a petition under Section 125 of the Criminal Procedure Code, 1973 (CrPC) seeking maintenance from the petitioner. The trial court allowed the petition and awarded maintenance of Rs. 1500 per month. The petitioner challenged this order by way of a criminal writ petition before the Bombay High Court, Nagpur Bench. The sole ground of challenge was that, as per the Supreme Court's decision in Kirtikant D. Vadodaria v. State of Gujarat & another, (1996) 4 SCC 479, a step-mother cannot claim maintenance under Section 125 CrPC against her step-son. The court heard the parties and considered the cited precedent. The court noted that the Supreme Court in Kirtikant D. Vadodaria had clearly held that a step-mother is not entitled to maintenance under Section 125 CrPC from her step-son, as the provision does not include a step-mother within the meaning of 'mother' or 'father'. The obligation to maintain a step-mother, if any, arises only under personal law and not under the CrPC. Accordingly, the court allowed the writ petition, set aside the order of maintenance, and held that the respondent is not entitled to maintenance under Section 125 CrPC from the petitioner. The court made the rule absolute.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Step-mother's claim against step-son - The court considered whether a step-mother is entitled to maintenance under Section 125 CrPC from her step-son. Relying on Kirtikant D. Vadodaria v. State of Gujarat, (1996) 4 SCC 479, the court held that a step-mother cannot claim maintenance under Section 125 CrPC against her step-son, as the provision does not include step-mother within the definition of 'mother' or 'father'. The obligation to maintain a step-mother arises only under personal law, not under the Criminal Procedure Code. (Paras 1-5)
Issue of Consideration
Whether a step-mother can claim maintenance under Section 125 of the Criminal Procedure Code, 1973 against her step-son.
Final Decision
Writ petition allowed. Order of maintenance set aside. Respondent not entitled to maintenance under Section 125 CrPC from petitioner.
Law Points
- Maintenance under Section 125 CrPC is not maintainable against step-son
- Step-mother is not covered under 'father' or 'mother' in Section 125(1)(d) CrPC
- Obligation to maintain step-mother arises only under personal law
