A

PROJECT ON

MAINTENANCE TO STEPMOTHER

SUBMITTED TO

MR. PARMOD RANJAN SHARMA

ASSISTANCE PROFESSOR

LAW OF CRIMES II

SUBMITTED BY

DISHA AWASTHI

ROLL NO.31

SEMESTER, V

DATE OF SUBMISSION 7-11-2016

SCHOOL OF LAW
GURU GHASIDAS UNIVERSITY, BILASPUR
 DECLARATION

I, DishaAwasthi, Roll Number 31 B.A.LLB Semester IV of Guru Ghasidas

University do hereby declare that, project is my original work and I have not
copied this project or any part thereof from any source without due
acknowledgement .I am highly indebted to the authors of the books that I have
referred in my project as well as all the writers of the articles and the owners of the
information taken from website for it. It is only because of their contribution and
proper guidance of my faculty advisor, Mr. Pramod Ranjan Sharma, that I was
able to gather light on the subject.

DishaAwasthi

Roll No.31

B.A. LL.B Semester V

 CERTIFICATE
I, Disha Awasthi glad to submit this project report on Maintenance to Stepmother
and as a part of my academic assignment .This project is based on Research
Methodology. It further studies meaning, Sources and Methods of research
Methodology and further discusses the interview method. I hope this would be
significant for academic purposes as well as prove information to all readers.

Here through I declare that this paper is an original piece of research and all the
borrowed texts and ideas have been duly acknowledged.

DishaAwasthi

Roll No. 31

B.A. LL.B Semester V Faculty Signature

ACKNOWLEDGEMENT
I would like to express my earnest and deepest gratitude to,Mr. PramodRanjan
Sharma, Faculty for law for giving me this opportunity to do a project on such a
valuable topic of Maintenance to Stepmother. I am grateful for the assistance,
guidance, and support that were extended during the course of excellent research. I
am also thankful to the college administration for providing the resources
necessary for the research work. I thank my parents and friends for their moral
support and love throughout my research work and project preparation. Above all I
thank the god almighty for blessing me with the health and vitality to complete this
project.

DishaAwasthi

Roll No 31

B.A.LL.B semester V
Introduction
 The concept of maintenance in India is covered both under Section 125 of the Code of
Criminal Procedure, 1973 (Section 125) and the personal laws. This concept further stems
from Article 15(3) reinforced by Article 39 of the Constitution of India, 1950 (the
'Constitution'). Under Indian law, the term maintenance includes an entitlement to food,
clothing and shelter, being typically available to the wife, children and parents. It is a measure
of social justice and an outcome of the natural duty of a man to maintain his wife, children and
parents, when they are unable to maintain themselves. 1 The object of maintenance is to
prevent immorality and destitution and ameliorate the economic condition of women and
children.

Maintenance can be claimed under the respective personal laws of people following different
faiths and proceedings under such personal laws are civil in nature. Proceedings initiated under
Section 125 however, are criminal proceedings and, unlike the personal laws, are of a summary
nature and apply to everyone regardless of caste, creed or religion. 2 The object of such
proceedings however, is not to punish a person for his past neglect. The said provision has been
enacted to prevent vagrancy by compelling those who can provide support to those who are
unable to support themselves and have a moral claim to support. Maintenance can be claimed
either at the interim stage, ie, during the pendency of proceedings, or the final stage.

1Savitaben Somabhai Bhatiya v State of Gujarat and Others (2005) ,

2 Mohd Ahmed Khan v Shah Bano Begum and Others (1985),

 Scope and object of the Maintenance

Section 125 makes provision for a swift remedy for recovery of maintenance. The remedy is
available against a person who neglects or refuses his

i) Wife,
ii) Minor children, legitimate or illegitimate,
iii) Major children, legitimate or illegitimate (except married daughter) suffering from
physical or mental abnormality or injury,
iv) Parents.

But there are two pre-conditions for the applicability of the section:

i) the person from whom maintenance is claimed possesses sufficient means- that is,
despite sufficient means he neglects or refuses to provide maintenance to the persons
named above,
ii) the person claiming maintenance is unable to maintain her or himself.

Following are the objects of Maintenance proceedings:-

i. not to punish a person for his past neglect, but to prevent vagrancy by compelling
those who fail to support those who are unable to support themselves and who have a
moral claim to support3
ii. Section 125 is meant to achieve a social purpose. The object is to prevent vagrancy
and destitution4
iii. It is to provide quick and summary remedy to the class of persons who are unable to
maintain themselves5

3 Jagir Kaur vs Jaswant Singh AIR 1963 SC 1521,

4 Vimala vs Veeraswamy (1991)2 SCC 375:

5 Md. Ahmed Khan v Shah Bano Begum AIR 1985 SC 945:

 Constitutionality of Section 125

The Constitution of India makes no difference between a man and a woman. Therefore, can any
legislation saddle a man with a responsibility to maintain his wife? The courts had occasions to
consider the vires of sec. 125. It has been held that the said section does not offend Art. 14 of the
Indian Constitution because it applies to the class of neglected wife, children and
parents.6Though sec. 125 benefits a distressed father but the main thrust of the provisions is to
assist women and children in distress. That is fully consistent with Arts 15(3) and 39 of the
Constitution. Maintenance of wife and child cannot be disallowed merely on the ground that
husband is domiciled in America. International law cannot oust the jurisdiction of an Indian
court.7.

Section 125 is the measure of social justice and is specially enacted to protect women and
children and falls within the constitutional sweep of Art. 15(3) reinforced by Art. 39 of the
Constitution.8 Sec 125 is meant to achieve a social purpose. The object is to prevent vagrancy
and destitution. It provides a speedy remedy for the supply of food, clothing and shelter to the
deserted wife. It is a measure of social justice intended to protect women and children.9

In case of Ramesh Chander v Veena10 the court observed: The provision (section 125, CR PC) is
a measure of social justice and specially enacted to protect women and children and falls within
justice and specially enacted to protect women and children and falls within the constitutional
sweep a Article 15(3) reinforced by Art 39. We have no doubt that section of statutes calling for
construction by courts are not petrified print but vibrant words with social functions to fulfill.
The brooding presence of the constitutional empathy for the weaker sections, like women and

6 T. Goundan AIR 1952 Mad 529; Yusuf v State AIR 1954 SC 321,

7 Dipak v Sudipta 1988 Cr LJ 1627,

8 Ramesh Chander v Veena AIR 1978 SC 1807,

9 Vimala v Veeraswamy (1991)2 SCC 375: 1991 AIR SCW 754:

10 AIR 1978 SC 1807: 1979 Cr LJ 3,

children must inform interpretation if it has to have social relevance. So viewed, it is possible to
be selective in picking out that interpretation out of two alternatives which advance the cause-
the cause of the derelicts.

Nature of Maintenance Proceedings

The right to claim maintenance should ordinarily be constructed as a civil right. A proceeding
under sec. 125 is of a civil nature. 11 This right has received statutory recognition in sec. 125. As
this right is embodied in the Code of Criminal Procedure, 1973 and the procedure relating to
recovery of maintenance is also regulated by the Code, a proceeding under sec. 2(n) of the Code,
notwithstanding the provision for punishment of defaulting husband under sub-sec. (3) of sec.
125. So, a proceeding under sec. 125 may be construed as a quasi-criminal proceeding. A
proceeding under sec. 125 has been considered as a proceeding more akin to a civil proceeding.
A proceeding under sec. 125 is more of a civil nature. The High Court in exercise of its power
under Art. 227 is competent to direct suitable amount of maintenance to the applicant and to
secure compliance with its directions.12

11 Vijay Kumar (2004)5 SCC 196; AIR 2004 SC 2123:

12 Shail v Manoj Kumar (2004)4 SCC (Cri) 1041.

 Maintenance to Stepmother

The right of parents to claim maintenance was not recognized under the Code of Criminal
Procedure until 1973. The corresponding provision in Section 488 of Criminal Procedure Code,
1898 did not make any provision to safeguard the right of either the father or the mother. This
drew the attention of the Joint committee of the Parliament while redrafting the new code. The
The Committee considered the condition and felt that the right of the parents not possessed of
sufficient means, to be maintained by their son should be recognized by making a provision. The
Committee also suggested that where the father or mother is unable to maintain himself or
herself the order for payment of maintenance may be directed to a son who is possessed of
sufficient means. If there are two or more children, the parents may seek the remedy against any
one or more of them. When the new code was drafted the right of such infirm parents was
recognized. Interestingly the code uses the phrase father or mother, but not parent. Perhaps
the intention behind this might be to fix the obligation only on legitimate children and not on
those issues born out of wedlock. The term mother in a restrictive sense means only a natural
mother. Doubt may arise whether the phrase mother used under Section 125 of the Code
includes adoptive and step mothers. The personal law of Hindus includes step mother in its usage
of the term mother13. Section 3(20) of the General Clauses Act refers father to include adoptive
fathers. Courts have recognized the right of adoptive mothers to claim maintenance under
Section 125.14 But the position of step mother is still unsettled. Section 125 is a beneficial

13 Section 20 of the Hindu Adoption and Maintenance Act, 1956.

14 Oona Gowry Sankar Rao v. Oona Rajeswari 1996 Cr.L.J. 1158 (AP).Ram Chandra Balu v. Rakhma Bai, 1992
Cr.L.J. 1919 (Bom).
provision intended to curb social evil. Towards fulfilling this objective the term mother must be
given a liberal interpretation to include step mothers also. Judicial opinion on this is not
convergent. The High Courts of Orissa15 and Allahabad16 have construed the word liberally and
provided relief under Section 125 to step mother also. Whereas the Madhya Pradesh 17 and
Andhra Pradesh18 High Courts held that the term mother includes only natural and adoptive
mothers but not a step mother. And hence rejected the petition claiming maintenance.

In case of Kritikant v State of Gujarat 19, the court said- the main object of section 125 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 court again mentioned that, to achieve this objective, in our
opinion, a childless stepmother may claim maintenance from his stepson provided she is a
widow or her husband, if living, is also incapable of supporting and maintaining her. It is
submitted that a stepson has no legal liability to maintain his stepmother. The stepmothers claim
can be allowed only on compassionate ground. This is perhaps the ratio of the decision in
Kritikant case.
The Muslim personal law permits a Mahomedan husband to take four wives at a time and if a
stepson is legally bound to maintain his stepmother then in that case he may be required to give
maintenance to all three stepmothers.

15 Pitei Bewe v. Larimidhar Jena, 1985 Cr.L.J. 1124 (Ori).

16 Ganga Sharan Varshney v. Smt.Shakuntala Devi, 1990 Cr.L.J. 128 (All).

17 Rewalal v. Kamaiabai, 1986 Cr.L.J. 282 (MP).

18 A.S.V. Prasada Rao v. A.V.Veni, 1989 Cr.L.J. 673 (AP).

19 (1996)4 SCC 479,

 When Stepmother cannot claim for Maintenance
The Supreme Court opined that a childless step mother can claim maintenance from her stepson
in case if she is a widow or her husband, if living, is also incapable of maintaining her.
But the stepmother cannot claim for maintenance in case where she has proper source of income
it means if she has natural born sons or daughters and her husband is alive, so she cannot claim
for maintenance.

Cancellation of Maintenance
The Magistrate is empowered to cancel any order made in favor of a wife on proof of any of the
certain grounds. There is no provision in the Section for cancellation of the order of maintenance
made in favor of a child or father or mother. Judicial opinion differs on the effect of cancellation.
Some are of the view that it takes only prospective effect while others have favored retrospective
operation.

Case Laws

i. Shrinivas vs Smt. Radhabai Gopalkishan20

Facts- there were two brothers Dr. Ravikumar and Shrinivas Chetlawar, who challenged the
order of a judicial Magistrate First Class (JMFC) asking them to pay Rs 750 per month to their
stepmother Radhabai. One of the brothers is doctor and the other is engineer in Nanded district
of Maharashtra. They argued that Radhabai was their steomother that they were not nound to
provide her maintenance. Radhabai was the step mother of the petitioner, she was the first wife
of the father of the petitioner just because she could not conceive, the father of the petitioner

20 2012, Cri LJ 1489(Bom),

does the second marriage and all the property left behind by her deceased husband was with the
petitioners.
Held- the High Court, considering the Supreme Court views on granting maintenance to step
mother and the facts and the circumstances of this case, held that Radhabai was entitled to get
maintenance from her step sons. The court observed that JMFC had granted a meager amount as
maintenance and steps sons were duty bound to look after their step mother. Accordingly, the
judge dismissed the petition filed by brothers challenging JMFC's order.

ii. Balwan Singh vs Smt. Brahmo21

Facts- Brahmo is the stepmother of the petitioner and she was married to Mange Ram father of
the petitioner, who died on 17.6.1996 and out of the said wedlock, one daughter namely Meena
Devi was bom. Meena Devi is married and is living at her matrimonial home. The agricultural
land belonging to Mange Ram has been inherited by the petitioner on the basis of a Will, which
was alleged to be forged and a civil suit qua the same is pending. The petitioner is drawing salary
of Rs. 7,000/- per month whereas the step mother has no source of income and the agricultural
land belonging to her deceased husband stands inherited by the petitioner and, therefore, there is
a legal obligation on the petitioner to maintain her as the only daughter is married and, therefore,
incapable to maintain widowed step-mother.

Held- it was held that the only daughter of the respondent is married and is living in her
matrimonial home. The liability of the petitioner under the Hindu Adoptions and Maintenance
Act, 1956 cannot be disputed in view of the inheritance of estate of his father.Thus, keeping in
view the object of Section 125 of the Act it has to be held by the learned Courts below were
justified in granting maintenance to respondent step mother. No ground for interference is made.

iii. Kirtikant D. Vadodaria v. State of Gujarat22

Facts- The appellant is the son of Danyalal Hirachand Vadodaria from his first wife. When the
appellant was a child of tender age, his mother expired and after about an year, Danyalal
21 (2008) 151 PLR 539

22 (1996)4 SCC 479: 1996 SCC (Cri) 762,

Hirachand took Smt. Manjulapen as his second wife, from whom 5 sons and 2 daughters were
born, all the 5 sons and daughters from the above named wife second wife are major. first of all,
Dayalal Hirachand, the father of the appellant alone made a Miscellaneous Application in the
Court of Judicial Magistrate, Ist Class, claiming maintenance from his son, the appellant,
contending that the appellant was serving as a Manager in Central Bank of India and was earning
Rs. 5,000/- per month in addition to rental income of Rs.1,000/- per month. The appellant
contested the said application by pleading that besides the 5 sons from the second wife who are
all earning members, his father himself was a person of sufficient means and assets and,
therefore, the appellant was not liable to pay any maintenance allowance.

Second maintenance petition was jointly filed by appellant's father Danyalal Hirachand and his
second wife Smt. Manjulaben claiming a sum of Rs. 500/- per month as maintenance from the
appellant. Out of which the present appeal arises. Smt. Manjulaben and her husband Danyalal
Hirachand claimed maintenance from the appellant by contending that the appellant was brought
up and educated by them and was drawing a handsome salary as the Manager of the Bank and
since they are not possessed of sufficient means to maintain themselves and that their 3 sons
from Smt. Manjulaben, respondent No. 2 herein, have meager income from their small business
and the 2 youngest sons had recently completed their studies but were unemployed and.
therefore, the appellant was liable for their maintenance.

Held- it was held that the "step- mother has got 5 natural born sons who are all major and at
least 3 of them are well to do and capable of maintaining their mother. This apart, as already
noticed, the husband of respondent is also possessed of sufficient means and property besides the
monthly income that derives from the business of Snuff enabling him to maintain and support his
second wife. Court said in the facts and circumstances of this case, we are of the view that the
stepmother of the appellant is not entitled to claim any maintenance from the step-son, appellant
herein.

iv. Ulleppa and Ors. vs Smt. Gangabai23

23 2003 Cri LJ 2566 (Kant)

Facts- Gangabai wife of late Siddanna Kamballi, claiming to be the mother of the petitioners and
claiming for maintenance from the petitioners under Section 125 of the Cr.P.C. According to the
petitioners, respondent is not their mother, she is only a stepmother and that therefore she is not
entitled for any maintenance. The step-mother namely the widow had two sons who are no more.
Her daughter, who is married and living separately with her husband.

Held- the respondent is a widow and her daughter is not in a position to support and maintain
her. She is a helpless stepmother the court held that petitioners are fairly well settled and can
afford to pay a sum of Rs. 400 per month to this helpless widow. In these hard days it cannot be
said that Rs. 400/- is so excessive warranting any interference by this Court. At the cost of
repetition, grant of Rs. 400/- by the Court through the hands of stepsons would be a motherly act
and denial would be a non-motherly Act.

Conclusion

The dominant and primary object of section 125 is to give social justice to the woman, child and
infirm parents etc. and to prevent destitution and vagrancy by compelling these who can support
those who are unable to support themselves but have a morale 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 social object the provisions of Section 125 of the Code have to be given
liberal construction to fulfill and achieve this intention of the Legislature. Consequently, to
achieve this objective, in our opinion, a childless step mother may claim maintenance from her
step-son provided she is a widow of her husband, if living, is also incapable of supporting and
maintaining her.
 Bibliography

Books:

i) Dr. N.V. Paranjape; The Code of Criminal Procedure, Allahabad: Central Law
Agency, 2011 Fourth Edition,

ii) R.V. KELKARS; CRIMINAL PROCEDURE, Lucknow: Eastern Book Company,

2014 Sixth Edition.

Journals:

i) AIR

Websites:

https://indiankanoon.org>doc