DARYAO DULAIYA Vs. SHEO PRASAD

JUDGEMENT

(1.) This is an application in revision by Smt. Daryao Dulaiya against the judgment and order dated 17 -7 -1980 by Sri M.N. Asthana, 2nd Additional Sessions Judge, Jalaun at Orai by means of which he allowed Criminal Revision No. 4 of 1980 and set aside the order passed by Sri B.D. Shukla, Sub -Judicial Magistrate in a case under Sec. 125, Code of Criminal Procedure.

(2.) The first point urged by the learned Counsel for the applicant was that in this case there was no evidence to show that the applicant was unable to maintain herself and, therefore, the learned Additional Sessions Judge rightly refused maintenance to her. The applicant Smt. Daryao Dulaiya, however, clearly stated that she could not maintain herself and, therefore, maintenance could not be refused to her on this ground.

(3.) The other ground on which maintenance was refused to the applicant was that she was the step -mother of opposite parties Nos. 1 and 2, but even a step -mother is mother of a person and when her husband dies she has got be maintained by her sons whether they are her real sons or her step sons. Therefore this ground too does not appear to be proper on which maintenance could be refused to the applicant.