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A.S.ANAND, FAIZAN UDDIN
Kirtikant D. Vadodaria – Appellant
Versus
State Of Gujarat – Respondent
Key Points: - The judgment holds that the term "mother" in Section 125(1)(d) Cr.P.C. means the real/natural mother, not a step-mother. (!) (!) (!) - It analyzes conflicting High Court decisions and ultimately adopts the view that a childless step-mother may claim maintenance from her step-son only under liberal construction if she is a widow or if her husband is unable to maintain her, to achieve social justice under Section 125 Cr.P.C. (!) (!) - It emphasizes the social object and liberal construction of Section 125 to prevent destitution, enabling maintenance for wives, children, and parents, but restricts step-son liability to step-mother under specific conditions. (!) - The Court sets aside lower court orders and dismisses the maintenance petition of the step-mother against the step-son, while noting that any amount already received need not be refunded. (!) - It references the statutory text of Section 125(1) and Explanation to interpret "mother" and "wife" in the context of maintenance. (!) (!) (!)
JUDGMENT
Faizan Uddin, J.-This appeal has been directed against the order dated April 12, 1993 passed by a learned Single Judge of Gujarat High Court in a Special Criminal Application No. 496 of 1993 dismissing the petition of the appellant, affirming the judgment dated March 23, 1993 passed by the City Sessions Judge, Ahmedabad in Criminal Revision Application No. 338 of 1992, arising out of an order dated October 16, 1992 passed by the Metropolitan Magistrate, Court No. 7, Ahmedabad in Criminal Miscellaneous Application No. 163 of 1989 awarding maintenance to respondent No. 2, Smt. Manjulaben, the step-mother of the appellant.
2. Before dealing with the rival contentions of the parties, it would be appropriate to set-out the facts briefly.
3. The appellant is the son of Dahyalal Hirachand Vadodaria from his first wife. When the appellant was a child of tender age, his mother expired and after about an year, Dahyalal Hirachand took respondent No. 2, Smt. Manjulaben as his second wife, from whom 5 sons and 2 daughters were born. All the 5 sons and daughters from the above named second wife are major. First of all, Dahyalal Hirachand, the father of the appellant alone made a Miscella
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