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"15. The point in controversy before us however is
whether a 'stepmother' can claim maintenance from the
stepson or not, having regard to the aims and objects of
Section 125 of the Code. While dealing with the ambit
and scope of the provision contained in Section 125 of
the Code, it has to be borne in mind that the dominant
and primary object is to give social justice to the woman,
child and infirm parents etc. and to prevent destitution
and vagrancy by compelling those who can support those
who are unable to support themselves but have a moral
claim for support. The provisions in Section 125 provide
a speedy remedy to those women, children and destitute
parents who are in distress. The provisions in Section
125 are intended to achieve this special purpose. The
dominant purpose behind the benevolent provisions
contained in Section 125 clearly is that the wife, child and
parents should not be left in a helpless state of distress,
destitution and starvation. Having regard to this special
object the provisions of Section 125 of the Code have to
be given a liberal construction to fulfil and achieve this
intention of the legislature. Consequently, to achieve this
objective, in our opinion, a childless stepmother may
claim maintenance from her stepson provided she is a
widow or her husband, if living, is also incapable of
supporting 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. Since, in this case we
are not concerned with, we express no opinion, on the
question of liability, if any, of the stepson to maintain the
stepmother, out of the inherited family estate by the
stepson and leave that question to be decided in an
appropriate case. Our discussion is confined to the
obligations under Section 125 Cr.P.C. only."