Bombay High Court
2] Shrinivas vs Smt.Radhabai Gopalkishan ... on 11 October, 2012
Bench: T.V. Nalawade
1 criapln1486-01.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1486/2001
1] Dr.Ravikumar s/o Gopalkishan Chetlawar
age 36 years, occ-Medical Officer
r/o Palaj, Tq. Bhokar, Dist.Nanded.
2] Shrinivas s/o Gopalkishan Chetlawar
age 30 yrs, Occ-Government Service,
r/o Palaj, Tq. Bhokar,
Dist.Nanded. .. PETITIONERS
[ORIG.RESPONDENTS]
VERSUS
Smt.Radhabai Gopalkishan Chetlawar
age 55 yrs, Occ-household,
r/o Totawar Galli, Degloor,Dist.Nanded. .. RESPONDENT
[ORIG.PETITIONER]
...
Ms.Manjushri Shendge h/f Shri P.R.Katneshwar,Adv.for petrs.
Shri V.P.Deshmukh h/f Shri P.V.Mandlik,Adv.for respondent.
...
CORAM : T.V.NALAWADE,J.
DATE : 11TH OCTOBER 2012.
ORAL JUDGMENT :
1] The application is filed under Section 482 of Cr.P.C. and
under Article 227 of the Constitution of India to challenge the order
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made by JMFC on Exh.5 of M.C.A.No.37/01. In maintenance
proceeding filed under Section 125 of Cr.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 Cr.P.C. On this point,
reliance was placed on the case reported as 1976 Mh.L.J.565
Bombay High Court [Ramabai w/o G.M.Balraj V/s Dinesh s/o
G.M.Balraj and another]. In this case, this Court has discussed
status of step mother and has interpreted the term "mother" [given
in Section 125 of Cr.P.C.] It is observed that the step mother is not
covered in Section 125 of Cr.P.C.
3] On the point involved, the other side placed reliance on the
case reported as 1996 (4) S.C.C. page 479 [Kirtikant D. Vadodaria
Vs/ State of Gujrat]. The Apex Court has discussed the status of
the step mother and also has made observation with regard to her
right of maintenance u/s 125 of Cr.P.C. The Apex Court has made
following observation :
"Having regard to this special
object the provisions of Section 125 of
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the Code have to be given a liberal
construction to fulfil and achieve this
intention of the legislature.
Consequently, to achieve this objective,
in our opinion, a childless stepmother
may claim maintenance from her
stepson provided she is a widow or her
husband, if living, is also incapable of
supporting and maintaining her."
4] Another case reported as 2009 (2) Bom.C.R. [Cri] 71 [Saroj
Govind Mukkawar V/s Chandrakalabai Polshetwar & Anr] was
cited. This High Court has referred aforesaid case of Supreme
Court and has relied upon the view expressed by the Apex Court.
5] Submissions were made in the present case that Radhabai
has no issue and she was the first wife of father of the present
petitioners. As she could not conceive, there was the second
marriage. It was submitted that all the property left behind by her
deceased husband is with the petitioners. The petitioner no.1
appears to be a Doctor and it was submitted that petitioner no.2 is
an Engineer. Both are in Government service.
6] In view of the observation made by Apex Court in the case
cited supra, and in view of the facts of the present case, this Court
holds that it is not possible to interfere in the order made by JMFC
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in favour of the respondent. A meager amount of maintenance is
granted as interim maintenance. So, the Application stands
dismissed. Rule is discharged.
[T.V.NALAWADE,J.]
umg/
