RAVIKUMAR GOPALKISHAN CHETLAWAR Vs. RADHABAI GOPALKISHAN

JUDGEMENT

(1.) THE application is filed under section 482 of Cri.P.C. and under Article 227 of the Constitution of India to challenge the order made by JMFC on Exh. 5 of M.C.A. No. 37/01. In maintenance proceeding filed under section 125 of Cri.P.C. the JMFC, Degloor has granted interim maintenance at the rate of Rs. 750/- per month in favour of the respondent. Both sides are heard.

(2.) THE challenge to the order of JMFC is mainly on the ground that Smt. Radhabai respondent is the step mother of the petitioners. Argument was advanced that as she is the step mother, the present petitioners are not bound to provide anything for her maintenance even u/s 125 of Cri.P.C. On this point, reliance was placed on the case reported as 1976 B.C.I. (soft) 66(N.B.): 1976 Mh.L.J. 565 Bombay High Court (Ramabai w/o G.M. Balraj Vs. Dinesh s/o G.M. Balraj and another)1. In this case, this Court has discussed status of step mother and has interpreted the term "mother" [given in section 125 of Cri.P.C] It is observed that the step mother is not covered in section 125 of Cri.P.C.

(3.) ANOTHER case reported as 2009(2) Bom.C.R.(Cri.) 71 (Saroj Govind Mukkawar Vs. Chandrakalabai Polshetwar & Anr.)3, was cited. This High Court has referred aforesaid case of Supreme Court and has relied upon the view expressed by the Apex Court.