KAUSHALYA DEVI Vs. ANIL KUMAR AGRAWAL

JUDGEMENT

(1.) Whether 'step mother' entitled for maintenance under Section 125 of the Code of Criminal Procedure, 1973 (the Code for short), is the moot question to be answered in this application. However, as no decision either of the Apex Court or of this Court could be brought to my notice by the learned Counsel for the parties, the question is to be answered after reconciling the divergent views expressed by the different High Courts.

(2.) Before adverting to the points raised the factual backdrops may be looked into; Uncontrovertedly the petitioner is the wife of late Hari Narayan Prasad Agrawal and is the step mother of the opposite party. The petitioner filed an application before the learned Magistrate claiming maintenance of Rs. 600/- per month for her own and Rs. 50 each for her two daughters. It was claimed by her that the opposite party has monthly income of Rs. 10, 000/-from the properties left behind by her husband. On such petition being filed the opposite party appeared and filed his show cause contending, inter alia, that the petitioner being the step mother is not entitled to maintenance under Section 125 of the Code.

(3.) It appears that the opposite party moved this Court in Cr. Misc. No. 2296/90 (R) challenging the proceeding initiated against him on the petition learned the petitioner. However, by order dated 4.2.91 the learned Counsel for the opposite party (petitioner in that case) was allowed to withdraw the application after some arguments.