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 th

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