( 1 ) THIS Special Criminal Application raises the following two interesting question pertaining to the right to claim maintenance by the mother : 1. Whether the step mother is included within the expression of "mother" as envisaged under the provision of Sec. 125 (1) (d) of the Code ? 2. Whether the mother is entitled to have maintenance from her stepsons despite the fact that her real sons are able to maintain her ?

( 2 ) IN order to appreciate the aforesaid two points, it would be necessary to set out the relevant and material facts, at this stage.

( 3 ) THE petitioners are the sons of one late Nathu Arjan, Respondent No. 1 Rathiben is the step mother who is the original applicant. Respondent No. 1 (mother) initiated the proceedings for maintenance by filing Cri. Misc. Application No. 285 of 1983 by invoking the aids of the provisions of Sec. 125 of the Criminal Procedure Code, 1973 (hereinafter referred to as "the Code") in the Court of the learned Judicial Magistrate (First Class), Junagadh against the petitioners who are her step sons. (They are, hereinafter referred to as the original applicant and opponents for the sake of convenience and brevity ).

( 4 ) ORIGINAL applicant (mother) Rathiben is the wife of one Vejanand Aher. Said Vejanand was the elder brother of Nathu. That the petitioners herein, original opponents are the sons of said late Nathu Arjan. On the demise of said Vejanand, original applicant Rathiben married to Nathu Arjan and nathu Arjan is the father of the petitioners herein. There were 2 sons out of the wedlock between Rathiben and late Vejanand, viz. , (1) Jagmal, (2) devanand, and (3) Jetha. In short, the original applicant who was the original aunt of the petitioners herein, later on became their step mother. Incidentally, it may be mentioned thed that after re-marriage of original applicant Rathiben with late Nathu Arjan, there was only one surviving daughter, viz. , Nanduben when the maintenance was claimed.

( 5 ) ORIGINAL applicant-mother claimed maintenance from the original opponentsstep sons, who are the petitioners in this application. Mother claimed Rs. 500/ - per month by way of maintenance from her step sons. She had also served them with a notice. She contended that she had to live with her real daughter nanduben at Junagadh as her step sons refused to maintain her. She also pleaded that she was unable to maintain her.

( 6 ) OPPONENTS-STEP sons appeared and resisted the application for maintenance by filing written statement at Exh. 12. They inter alia contended that they are not bound to maintain the step mother as she has 3 able bodied affiuent real sons. It was denied that the mother was staying with daughter Nanduben. Thus, right to claim maintenance was challenged.

( 7 ) ON the appreciation of the evidence, the learned Magistrate was pleased to award maintenance at the rate of Rs. 20. 00 p. m. from each opponents under sec. 125 of the Code. The learned Magistrate found that the opponents who are the step sons, are bound to maintain the step mother and each son was directed to pay maintenance at the rate of Rs. 20. 00 p. m. from the date of the application.

( 8 ) BEING aggrieved by the said judgment and order of the learned J. M. F. C. , junagadh passed on 18-4-1984, the original opponents preferred Cri. Revision application No. 98 of 1984 and original applicant-mother preferred Cri. Revn. Appln. No. 11 of 1985 in the Sessions Court at Junagadh. Both the revision application came to be dismissed on 18-12-1985.

( 9 ) BEING dissatisfied, the original opponents step sons have now come up before this Court by challenging the legality and validity of the judgment and order passed in the said Cri. Revn. Appln. No. 98 of 1984.

( 10 ) IN so far as the aforesaid two points are concerned, the learned Advocate for the petitioners Mr. H. J. Nanavati has firstly contended that step mother is not entitled to claim maintenance under Sec. 125 of the Code. It is contended that having re