AHER DEVSI NATHA Vs. RATHIBEN NATHUBHAI

JUDGEMENT

(1.) This Special Criminal Application raises the following two interesting question pertaining to the right to claim maintenance by the mother : 1. Whether the step mother is included within the expression of "mother" as envisaged under the provision of Sec. 125(1)(d) of the Code ? 2. Whether the mother is entitled to have maintenance from her stepsons despite the fact that her real sons are able to maintain her ?

(2.) In order to appreciate the aforesaid two points, it would be necessary to set out the relevant and material facts, at this stage.

(3.) The petitioners are the sons of one late Nathu Arjan, Respondent No. 1 Rathiben is the step mother who is the original applicant. Respondent No. 1 (mother) initiated the proceedings for maintenance by filing Cri. Misc. Application No. 285 of 1983 by invoking the aids of the provisions of Sec. 125 of the Criminal Procedure Code, 1973 (hereinafter referred to as "the Code") in the Court of the learned Judicial Magistrate (First Class), Junagadh against the petitioners who are her step sons. (They are, hereinafter referred to as the original applicant and opponents for the sake of convenience and brevity).