The term "mother" as used in section 125 of the Code of Criminal Procedure, 1973 should be given its natural meaning and construed in its popular sense. A step-mother is not entitled to claim maintenance from her step-son under section 125 of the Code.

JUDGMENT-Applicant Smt. Ramabai, who is the widow of late Shri G. M. Balraj, filed an application against respondent Dinesh, under section 125 of the Code of Criminal Procedure, 1973, claiming maintenance at the rate of Rs. 500 per month from the date of the application. In the said application she has stated that she is the legally wedded wife of late Shri G. M. Balraj and non-applicant No.1 Dinesh is the son of late Shri G. M. Balraj from his second wife Smt. Sushilabai. Shri Balraj died at Nagpur on 12-4-1974 and according to the applicant during the life-time of Shri Balraj she was receiving maintenance at Rs. 500 per month in cash from him. According to her, she has no source of income and, therefore, she. is unable to maintain herself. She further stated that the whole property of Balraj is in possession of the non-applicant No.1 by virtue of a will executed in his favour and, therefore; she is entitled to the maintenance at the rate of Rs. 500 per month from him. In the complaint she has also alleged that the alleged will was got executed by the respondent Dinesh and his mother Sushilabai by misrepresentation, fraud and by using undue influence.

2. The allegations made in this application were denied by respondent No.1 Dinesh, though the fact that present applicant Ramabai is the wife of late Shri G. M. Balraj was not specifically denied by him. Before me, Shri Kathale, the learned counsel appearing on behalf of respondent No. 1 Dinesh, admitted that applicant Ramabai was legally married wife of late Shri G. M. Balraj. Thereafter it appears from the record that a preliminary objection was raised to the maintainability of the application itself by the present respondent No.1 Dinesh vide his application dated 5-7-75. It was also contended before the Court below that applicant Ramabai has a natural son named Govind, from late Shri Balraj and he is under a legal obligation to maintain his mother. It was further contended that non-applicant No. 1 Dinesh being the step-son of applicant Ramabai, or applicant Ramabai being the step-mother of n0n-applicant No.1 Dinesh, she is not entitled to claim any maintenance from him under section 125 of the Code of Criminal Procedure, 1973, referred to hereinafter as the Code. According to non-applicant No.1, under section 125 of the Code only 'his mother' is entitled to claim maintenance from him and not a stepmother and, therefore, according to non-applicant No.1, the application itself was not maintainable.

3. It appears from record that arguments were heard by the learned Judicial Magistrate, First Class, Nagpur on this preliminary issue and after hearing both the parties the learned Judicial Magistrate came to the conclusion that the applicant, who is the step-mother of non-applicant No. 1 Dinesh, cannot claim any relief against her step-son under section 125 of the Code. In this view of the matter, the learned Judicial Magistrate, First Class, dismissed the application filed by applicant Ramabai vide his order dated 24-9-1975. Against this order the present revision application has been filed by applicant Ramabai.

4. Shri Salve, the learned counsel for the applicant, contended before me that the learned Judicial Magistrate committed an error in holding that under section 125 of the Code a step-mother is not entitled to claim maintenance from her step-son. According to Shri Salve, under the new Code of Criminal Procedure a mother who is unable to maintain herself is entitled to claim maintenance from her son. He further contended that for the first time the Legislature has made a provision in the Code providing maintenance to the parents, who are unable to maintain themselves. This provision has been made in the new Code with the sole object of doing a social justice to woman. According to the learned counsel, therefore, the provisions of section 125 of the Code should be interpreted and construed liberally having regard to the intention and object of the Legislation and if so constru

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