SARJU PRASAD Vs. DAMYANTI

JUDGEMENT

(1.) THIS revision is directed against the order dated 14-4-1981 by II Additional Munsif Magistrate, Jhansi Sri Vishwanath Sharan Tripathi, by which he allowed maintenance application of opposite party no. 1 for recovery of maintenance and arrears of maintenance from 11-4-1979 at the rate of Rs. 50/- per month from revisionist and Rs. 50/- per month from opposite party no. 2. The arrears of maintenance were payable to opposite party no. 1 Damyanti at the aforesaid rate at their convenience onwards.

(2.) THE findings of fact recorded by the learned Munsif were not assailable before me in this revision on behalf of the parties. Revisionist Sarju Prasad and opposite party no. 2 Ram Dayal are sons of Har Prasad deceased who was an employee of Railway department in Jhansi and met his death as he was involved in some accident. Sarju Prasad and Ram Dayal were born of Smt. Dhanwati first wife of Har Prasad while Smt. Damyanti is the second wife of Har Prasad who had no issue. She is living in the ancestral house and claimed maintenance on the ground that she had not sufficient means to make her ends meet. Despite service of notice of demand no amount was paid to her by her step sons.

(3.) THE sole point which was mainly canvassed before me on behalf of the revisionist was that Smt. Damyanti being the step mother of Sarju Prasad was not entitled to claim maintenance under Section 125, CrPC. Section 125, sub-clause (1) (d), CrPC which casts such an obligation on the son reads:-