DEENBANDHU AND ORS. Vs. BIRAJHO BAI

JUDGEMENT

(1.) THE short question that falls for consideration is,

(2.) THE above stated question arises in the following background: -

(3.) THE learned Family Court after appreciating the oral and documentary evidence on record partly granted the application holding inter alia that the non -applicant herein is the first wife of deceased Brijlal and the applicants herein are sons of second wife of deceased Brijlal, Brijlal had already died, the non -applicant who is the first wife of Brijlal is childless and the present applicants being step -sons are not maintaining the non -applicant herein, and the non -applicant, who is an aged widow woman, is unable to maintain herself. The provision under Section 125 of the Code of Criminal Procedure, 1973 (for short 'the Code'), being a welfare provision, step -mother who is childless is entitled for maintenance from her step -son, the applicants herein.