REWALAL Vs. KAMLABAI

JUDGEMENT

(1.) The present revision arises out of an application under section 125 of the Code of Criminal Procedure made by Smt. Kamlabai in the Court of Judicial Magistrate and pending disposal in the said Court. In the said application, Smt. Kamlabai claimed maintenance from her 'son' and two 'step sons'.

(2.) The Judicial Magistrate accepted the preliminary objection taken by the 'step sons' that the application of Smt. Kamiabai was not maintainable against them. Smt. Kamlabai preferred a revision before the Court of Session. The Court of Session was of the view that the term 'mother' as used in section 125 Cr. P.C. included a 'step mother'. But, then, it did not express any final opinion on the point. It set aside the order passed by the Judicial Magistrate and left the point to be decided by the Judicial Magistrate along with other points at the time of final disposal of the case. It is being aggrieved by the order passed by the Court of Session that the 'step sons' have filed the present revision in this Court.

(3.) There is substance in the argument of the learned counsel for the applicants that as the objection raised by the applicants related to a jurisdictional matter which went to the root of the case, the Court of Session was not justified in dealing with it in a half-hearted manner and not deciding it finally this way or that way. In case a 'step mother' was not entitled to claim maintenance from her 'step sons' under section 125 Cr. P.C., there was no reason why the 'step sons' were made to participate in the proceedings till the end.