Case Note & Summary
The case involves a criminal application filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) and Article 227 of the Constitution of India, challenging an order passed by the Judicial Magistrate First Class (JMFC), Degloor, in M.C.A. No. 37/01. The JMFC had granted interim maintenance of Rs. 750 per month in favor of the respondent, Smt. Radhabai Gopalkishan Chetlawar, who is the step-mother of the petitioners, Dr. Ravikumar Gopalkishan Chetlawar and Shrinivas Gopalkishan Chetlawar. The petitioners challenged the order primarily on the ground that the respondent, being their step-mother, is not entitled to maintenance under Section 125 Cr.P.C. They relied on a Bombay High Court decision in Ramabai w/o G.M. Balraj v. Dinesh s/o G.M. Balraj and another (1976 Mh.L.J. 565), which held that a step-mother is not covered under Section 125 Cr.P.C. The respondent, on the other hand, relied on the Supreme Court decision in Kirtikant D. Vadodaria v. State of Gujarat (1996 (4) SCC 479), which held that a childless step-mother may claim maintenance from her step-son provided she is a widow or her husband is incapable of maintaining her. The High Court, after hearing both sides, followed the Supreme Court's liberal construction of Section 125 Cr.P.C. and held that the term 'mother' includes a step-mother. The Court noted that the respondent is the step-mother of the petitioners and that she is a widow, as her husband (the petitioners' father) is deceased. Therefore, she is entitled to maintenance from the petitioners. The Court dismissed the application, upholding the JMFC's order granting interim maintenance of Rs. 750 per month. The Court directed the petitioners to pay the maintenance regularly and also directed the JMFC to expedite the final disposal of the maintenance proceeding.
Headnote
A) Criminal Procedure Code - Maintenance - Step-Mother - Section 125 Cr.P.C. - Interpretation of 'Mother' - The issue was whether a step-mother can claim maintenance from her step-sons under Section 125 Cr.P.C. - The Court held that the term 'mother' in Section 125 includes a step-mother, relying on the Supreme Court's liberal construction to achieve the legislative intent - A childless step-mother may claim maintenance from her step-son provided she is a widow or her husband is incapable of maintaining her (Paras 2-4).
Issue of Consideration
Whether a step-mother is entitled to claim maintenance from her step-sons under Section 125 of the Code of Criminal Procedure, 1973.
Final Decision
The application is dismissed. The order of JMFC granting interim maintenance of Rs. 750 per month is upheld. The petitioners are directed to pay the maintenance regularly. The JMFC is directed to expedite the final disposal of the maintenance proceeding.
Law Points
- Step-mother is included within the term 'mother' under Section 125 Cr.P.C. for maintenance claims
- Liberal construction of Section 125 Cr.P.C. to achieve legislative intent
- Childless step-mother can claim maintenance from step-son if she is a widow or her husband is incapable of maintaining her
