LEKH RAJ Vs. KALAWATI

JUDGEMENT

(1.) THIS revision filed under Section 401 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') is directed against the order dated 16. 7. 1996 passed by the Additional Sessions Judge, Sirsa, whereby the order dated 6. 1. 1995 passed by the Judicial Magistrate directing respondents No. 2 and 3 to pay Rs. 400.00 per month as maintenance to respondent No. 1 with effect from the date of her application i. e. 14. 7. 1988, under Section 125 of the Code stands modified and the petitioner has also been directed to pay Rs. 400.00 per month by way of maintenance to respondent No. 1 with effect from the same date.

(2.) THE necessary facts for the disposal of this petition which can be gathered from the record are that late Shri Shiv Dayal was married with Smt. Kako Bai in the year 1940 and out of this wedlock the present petitioner Lekh Raj was born. Smt. Kako Bai unfortunately expired in the year 1947. Late Shri Shiv Dayal remarried with Smt. Kalawati (respondent No. 1) in the year 1948 and out of this wedlock two male children were born i. e. respondents No. 2 and 3.

(3.) THE respondents No. 2 and 3 remained ex-parte. The petitioner opposed the petition inter alia on the plea that he being a step-son was not liable to pay maintenance to his step-mother Smt. Kalawati under Section 125 of the Code. The Judicial Magistrate, by his order dated 6. 1. 1995 accepted the plea of the petitioner, but allowed the petition in part and directed the real sons Kewal Krishan and Suresh Kumar to pay maintenance allowance at the rate of Rs. 400.00 per month to their mother Smt. Kalawati with effect from the date of her application i. e. 14. 7. 1988.