LUHAR RAMJIBHAI DHARAMSINHBHAI Vs. KASHIBEN DHARAMSINHBHAI

JUDGEMENT

(1.) This petition is filed by the petitioner against the judgment and order dt. 24-11-1986 passed by the learned Sessions Judge Bhavnagar in Cri Revn. Appln. No. 36/86 by which the Revision Application of the petitioner was partly allowed. And it is ordered that the original applicant-Kashibehn step-mother of the petitioner is entitled for the maintenance of Rs. 125.00 per month instead of Rs. 200.00 per month from the date of the application as ordered by the learned J. M. F. C. Gadhda and also confirmed the order passed by the learned J. M. F. C. Gadhda awarding Rs. 50 by way of costs of the application to the applicant-step- mother.

(2.) Mr. Gandhi L. A. for the petitioner submits that in this case the marriage of the original-applicant with the father of the present petitioner has not been proved. Therefore the applicant who is the step-mother of the petitioner is not entitled for any maintenance. There is a concurrent finding of fact that respondent No. 1 is a married wife of the father of the petitioner and thereafter this Court will not re-appreciate the evidence in a petition which is filed under Article 227 of the Constitution of India. I Hence this contention raised by Mr. Gandhi has no substance and requires to be rejected.

(3.) Mr. Gandhi L. A. for the petitioner further submits that being a step-mother the respondent No. 1 is not entitled to maintenance even if this Court comes to the conclusion that there was a marriage between the respondent No. 1 and the father of the petitioner. However this point is concluded by the judgment of this Court in the case of Havabehn Karimbhai v. Razakbhai 19 GLR 237 in which it has been held that a step-mother being the lawful wife of the father is also entitled to maintenance under Section 125 (1) Cr. P.C. and therefore this contention of Mr. Gandhi is also required to be rejected