ANNU BALA MINOR Vs. DHARAM PAL

JUDGEMENT

(1.) KAMLESH Rani was earlier married to one Bhupinder Pal son of Murari Lal. Petitioners Ami Bala and Master Gulshan Kumar were born out of their wedlock. Bhupinder Pal died on 27. 12. 1988. Kamalesh Rani remarried the respondent on 27. 5. 1989. They were blessed with another child Master Yogesh Kumar. On behalf of the three children Kamlesh Rani being their next friend and guardian filed the petition under Section 125 of the Code of Criminal Procedure against the respondent. The learned Judicial Magistrate, 1st Class, Patiala on 4. 8. 1994 awarded maintenance to each of the child at Rs. 300/- p. m. A revision petition was preferred with the Court of Sessions. The learned Additional Sessions Judge, Patiala on 22. 2. 1995 allowed the revision and held that the petitioners namely Ms. Anu Bala and Master Gulshan Kumar are not entitled to maintenance from the respondent. It was held that being the step-children they have no right to claim the maintenance under Section 125 of the Code of Criminal Procedure.

(2.) AGGRIEVED by the said order, the present revision has been filed. The short question that comes up for consideration is as to if the petitioners who are not children of the respondent, are entitled to claim maintenance under Section 125 of the Code of Criminal Procedure from the respondent.

(3.) PERUSAL of the relevant provisions referred to above reveal that legislative stress is on his wife, his legitimate or illegitimate child or his father or mother. When the stress is on the word 'his', it obviously means that it would include only the person who procreates, begets or brings forth offspring. It will not include a child of another father or mother of another person. Very near to the facts of the present case is the Division Bench decision of this Court in Criminal Misc. No. 18502-M or 1994, decided on 6. 7. 1995. The Division Bench was concerned as to if the step-mother who is not the mother of the person, is entitled to claim maintenance or not. The answer was given in the negative and the Division Bench observed as under :