RAJINDER KUMAR SHARMA Vs. RAJ SHARMA

JUDGEMENT

(1.) THE brief facts of the case as have emerged from the record are that just after a span of 8 months from the date of death of the natural mother of the petitioner, his father Sh. K.K. Sharma, brought the respondent to his house and started living with her.

(2.) SMT . Raj Sharma, respondent moved a petition for maintenance under Section 125 of the Code of Criminal Procedure (for short Cr.P.C.) 1973, The petitioner opposed the claim of the respondent on the ground that she being his step-mother was entitled to claim maintenance. However, the judicial Magistrate Ist Class, Chandigarh, vide order dated 27.8.1994, held that even a step-mother was entitled to maintenance under Section 125 Cr.P.C. and as such allowed interim maintenance @ Rs. 300/- per month till the disposal of the petition. This order has been challenged by the petitioner in this petition under Section 482 Cr.P.C.

(3.) ON account of there being conflict of Judicial opinion on the crucial question involved in the present petition as to whether the step-mother is entitled to maintenance under section 125 Cr.P.C. or not, the matter was referred to large Bench by V.K. Bali, J. vide order dated 24.2.1995. The Division Bench consisting of J.B. Garg and P.K. Jain, JJ. answered the reference vide judgment dated July 6, 1995, in favour of the son that the respondent being the step-mother is not entitled for maintenance from a step-son. It is in this manner that the present petition has come up for disposal.