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Showing contexts for: stepson in Smt. Saroj W/O Govind Mukkawar vs Smt. Chandrakalabai Polshetwar on 6 March, 2009Matching Fragments
per month, respondent no.1 is rightly held by the revisional Court as entitled to claim separate maintenance at the rate of Rs.1000/- per month from the present applicant.
10. I have perused the judgment of the Hon'ble Supreme Court in the case of Kirtikant D. Vadodaria (supra). In the peculiar facts and circumstances of that case, the Apex Court came to the conclusion that surviving real and natural born sons who are well to do, the stepmother was not entitled to claim maintenance from stepson. In paragraph 15 of the said judgment, the Supreme Court, while dealing with the benevolent provision and ambit of section 125 of Cr.P.C., observed:
"..... Consequently to achieve this object a childless stepmother may claim maintenance from her stepson provided she is a widow or her husband, if living, is also incapable of supporting ig and maintaining her. The obligation of the son to maintain his father, who is unable to maintain himself, is unquestionable. When she claims maintenance from her natural born children, she does so in her status as their 'mother'. Such an interpretation would be in accord with the explanation attached to Section 20 of the Hindu Adoptions and Maintenance Act, 1956 because to exclude altogether the personal law applicable to the parties from consideration in matters of maintenance under Section 125 of the Code may not be wholly justified. However, no intention of legislature can be read in Section 125 of the Code that even though a mother has her real and natural born son or sons and a husband capable of maintaining her, she could still proceed against her stepson to claim maintenance."
11. In that case, the stepmother preferred to claim maintenance only from stepson leaving out her natural born sons and husband who were well to do and, therefore,the Apex Court, in the facts of that case, held that the stepmother is not entitled to claim maintenance from her stepson.