( 1 ) PETITIONERS are challenging an order passed by the Family Court at Gulbarga in Criminal Misc. NO. 92/2001 dated 11. 11. 2002.

( 2 ) ONE Gangabai wife of late Siddanna Kamballi, claiming to be the mother of the petitioners filed an application seeking for maintenance from the petitioners under Section 125 of the Cr. P. C. matter was contested. According to the petitioners, respondent is not their mother and that therefore she is not entitled for any maintenance. They have also denied other averments. Learned Trial judge by a detailed order has granted a sum of Rs. 400/- p. m. as maintenance to the respondent herein. This order is challenged in this case. Notice was issued. Respondents have entered appearance.

( 3 ) LEARNED Counsel for the petitioner argues before me that respondent is not a mother and she is only a step-mother. Therefore she is not eligible for any maintenance in terms of the laws governing maintenance. Learned Counsel for the respondent on the other hand, argues at great length to convince the Court that step-mother is equally entitled for maintenance. She further says that the object of the Act is to help the destitute women and the law can be extended providing maintenance to the respondents.

( 4 ) IN the light of the submission of the learned Counsel, the question that requires to be considered by this Court is as to whether the respondent being a step mother is entitled for maintenance? section 125 provides for maintenance. The said section reads as under; 125. Order for maintenance of wives, children and parents,- (1) If any person having sufficient means neglects or refuses to maintain- (a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c) his legitimate illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself. A Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct; provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.

( 5 ) THE Supreme Court in 1996 (4) SCC 479, has noticed Section 125 in the matter of maintenance to a step-mother. After referring to this section, the Supreme Court in para 11 has ruled as under; Thus, on a conspectus view of dictionary meaning of the two expressions mother and stepmother and they are two distinct and separate entities and both could not be assigned the same meaning. The expression mother clearly means only the natural mother who has given birth to the child and not the one who is the wife of ones father by another marriage. The Supreme Court in that very judgment noticed the object of section 125 in para15 and ruled as under; 15. The point in controversy before us however is whether a step-mother can claim maintenance from the step-son or not, having regard to the aims and objection of Section 125 of the code. While dealing with the ambit and scope of the provision contained in Section 125 of the Code. It has to be borne in mind that the dominant and primary object is to give social justice to the woman, child and infirm parents etc. and to prevent destitution and vagrancy by compelling these who can support those who are unable to support themselves but have a morale claim for support. The provisions in Section 125 provide a speedy r