Jyothindranath, J.

1. In this appeal, challenge is against the decree of the Family Court, Thiruvananthapuram, awarding maintenance to the step mother. The father of the appellant executed a will. On the strength of a condition in the said will, the maintenance petition was filed by the petitioner before the court. The court allowed the petition.

2. The facts necessary for disposal of this appeal is as follows and the parties are referred to as shown in the original petition :

Petitioner is the wife of one B.C.Edward. Edward executed a will during his lifetime wherein some properties are bequeathed in the name of the respondent, his son. The petitioner is the step mother of the respondent. That is, the second wife of late B.C.Edward. After the death of Edward, a suit for partition was filed by the petitioner herein as O.S.113/2000 before the Sub Court, Attingal. Excluding the properties included in the Will, all other properties were partitioned. There was earlier a suit filed as O.S.18/2004 before the Munsiff's Court, Attingal. It was a suit for injunction, restraining the respondent from alienating the property covered by the Will and it was settled by the assignee underta