KIRTIKANT D. VADODARIA A
.... v.
STATE OF GUJARAT AND ANR.
APRIL 26, 1996
(DR. AS. ANAND AND FAIZAN UDDIN, JJ.] B
Code of Criminal Procedure, 1973: Section 125(1)(d).
Step-mother-Maintenanc~laim of-From her step-son-Held : Ex-
pression "mother" in S. 125(1)(d) meant only real or natural mother and did C
not include step-mother who was distinct and separate entity-She could not
be equated with natural mother who gave birth to the child-Adoptive mother
included in expression "mother"-However, having regard to social object of
S. 125 CrP.C. childless step-mother could claim maintenance from her
step-son provided she was a widow or her husband, if living, was incapable
of maintaining her. D
Maintenance matters-Personal law applicable to the parties could not
be altogether excluded from consideration.
Hindu Adoptions and Maintenance Act, 1956: Section 20.
E
Wife, minor sons, unmarried daughters and aged or infirni
parents-Maintenance of-Obligation of a Hindir--Held: such obligation was
personal, legal and absolute in character and arose from the existence of
relationship between the parties-Hu.band obliged to maintain wife if he was
. """ capable of earning-He could not plead that he was unable to maintain his
F
wife due to financial constraints-Both son and daughter are liable to main-
tain aged or infinn parents including childless step-mother if she is unable to
maintain herself.
Words and Phrases : "mother" and "step-mother''-Meaning of-ln the
context of Section 20 of Hindu Adoptions and Maintenance Act, 1956. G
The appellant was a child of tender age when his mother expired and
his father took respondent No.2 as his second wife, from whom S sons and
two daughters were born. All of them were major and three of them were
capable of maintaining their mother. The father also had sufficient means.
Respondent No. 2 filed a maintenance petition against her step-son, the H
45
46 SUPREME COURT REPORTS [1996] SUPP. 2 S.C.R.
A appellant, leaving out all her natural born sons and husband who were
well- off and capable of maintaining her. The trial Magistrate took the view ~
that inspite of respondent No. 2 being a step-mother of the appellant, she
had a right to claim maintenance from the appellant and awarded a sum
of Rs. 400 per month as maintenance allowance. This order was upheld by
B the City Sessions Judge and the High Court. Aggrieved by the High Court's
judgment the appellant preferred the present appeal.
Allowing the appeal, this Court
HELD : 1.l. The expressions "mother" and "step-mother" have not
C been defined either in the Code of Criminal Procedure, 1973 or in the
General Clauses Act, 1897. These expressions have also not been defined
by the Hindu Law or the Hindu Adoptions and Maintenance Act, 1956 or
by any other Law. All that the explanation attached to Section 20 of the
Hindu Adoptions and Maintenance Act, 1956 provides is that the expres-
D sion "parent" includes a childless step-mother. On a conspectus view of
dictionary meaning of the two expressions · 11 mother" and "step·mother" in
various dictionaries, it clearly emerges that there is inherent distinction
between the status of a nmother11 and a "step·mother 11 and they are two
distinct and '°parate entities. The expression "mother" clearly means only
the natural mother who has given birth to the child and not the one who
E is the wife of one's father by another marriage. (55-D, 56-B-C]
Permanent Edition of Words and Phrases, Vol. 27A, p 348 and Vol.
40, P-145; Black's Law Dictionary, 5th. Edn., p 913; The Shorter Oxford
English Dictionary, Vol II p 1360 and Webster Dictionary (International
F Edition), referred to.
l.2. A step-mother is one who is taken as a wife by the father of the
child other than the one' from whom he is born or who has given birth to
him. This clearly goes to show that the woman who gives birth to a child
G and another woman who is taken by the father as his other wife are two
distinct and separate entities in the eye of Law and in common parlance
are known and recognized as real 'mother' and 'step-mother'. That being
so, a woman who is taken as another wife by the father of the child cannot
be gil'en the status of a mother to the child born from another woman as
there is no blood relation between the two. Ao adoptive mother may, how-
H ever, be included in the expression 'mother' but not a step-mother. [56-E-F]
KIRTIKANT D. VADO DARIA v. STATE 47
l.3. Even under the old Hindu Law, the expression 'mother' was A
.,. referable only to the natural mother who has given birth to the child and
nut the step-mother. It would be difficult to assume that the legislature
was unmindful of the social fabric and the structure of relationship in the
families. The existence of various kinds of relatives in our society was not
something of which the Parliament may be said to be ignorant when it
B
thought to enact the New Code of 1973 and for the first time not only the
parents were included amongst the persons entitled to claim maintenance
under Section 125(1)(d) of the Code but even the divorced women had been
included in the expression wife, to be entitled to claim maintenance, who
-~ were not so included in Section 488 of the Old Code of 1898. It is significant
to note that the 'step-father' or 'step-mother' are not included in the C
expression 'his father or mother' occurring in Section 125(1)(d) of t1.1e
Code giving a clear indication of the legislative intent. (57-A-C]
l.4. The expression 'mother', in Section 125(l)(d) of the Cude, means
and is referable only to the real or natural mother, who has actually given D
birth to the child. It cannot be said that the word 'mother' occurring in
Section 125(1)(d) includes a woman who has the status of a step-mother
by reason of her lawful marriage with the father of the person sought to
be made liable for maintenance under Section 125. (57-D-E]
Ramabai v. Dinesh, (1976) Mah W 565; Rewala/ Arjun Babu & Anr. E
v. Kamlabai Arjun Babu, (1985) MPW 541; Ayyagari Suryanarayana Vara
Prasada Rao v. Ayyagari Venkataloishana Veni & Anr., (1989) Cr. W 673
and Baidaya v. Natha Govindlal, (1885) 9 ILR 279, approved.
Havaben Karimbhai Beline v. Razakbhai @ Bachubhai Ka1imbhai
Belin & Ors., (1978) Guj LR 237; Petei Bewa v. Laxmidhar Jena, (1985) Cr. F
W 1124 and Ganga Sharan Varslmey v. Smt. Shakuntala Devi &Anr., (1990)
Cr. W 128, overruled.
2.1. According to Section 20 of the Hindu Adoptions and Main-
tenance Act, 1956, a Hindu is under a legal obligation to maintain his wife, G
minor sons, unmarried daughters and aged or infirm parents. The obliga-
tion to maintain them is personal, legal and absolute in character and
arises from the very existence of the relationship between the parties. Such
an obligation of the husband to maintain his wife arises irrespective of the
fact whether he has or has no property, as it is considered an imperative
duty and a solemn obligation of the husband to maintain his wife. The H
48 SUPREME COURT REPORTS [1996] SUPP. 2S.C.R.
A husband cannot be heard saying that he is unable to maintain due to
financial constraints so long as he is capable of earning. Under the present
Law both son and daughter are liable to maintain aged or infirm parents
inclnding cl1ildless step-mother, when the latter is unable to maintain herself.
It is well settled that a son has to maintain his mother irrespective of the fact
whether he inherits any property or not from his father. [53-C-B, 52-G]
B
2.2. While dealing with the ambit and scope of the provision con-
tained 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,
infirm parents etc. and to prevent destitution and vagrancy by compelling
c those who can support those who are unable to support themselves but
have a moral claim for support. The provisions in Section 125 provides 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
D
purpose. The dominant purpose behind the benevolent provisions con-
tained 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
I
regard to this social object the provisions of Section 125 of the Code have
to be given a liberal construction to fulfill and achieve this intention of the
Legislature. Consequently, to achieve this objective a childless step-mother
may claim maintenance from her step-son provided she is a widow or her
E 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 unc1uestionable. When a mother 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
F 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
G against her step-son to claim maintenance, leaving her natural born
children and husband. [58-B-G]
2.3. In the present case, the step-mother, respondent No. 2 preferred
to claim the maintenance only from the step-son, the appellant, leaving out
H all her natural born sons and husband who are well to do. Prima facie she
KIRTIKANT D. VADO DARIA v. STATE [FAIZAN UDDIN, J.] 49
proceeded against her step-son with a view to punish or cause harassment A
to him which is wholly unjustified. In the facts and circnmstances of the
case she is not entitled to claim any maintenance from her step-son.
However, the amount already received by her from the appellant need not
be refunded to the appellant. [59-A-D]
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. B
537 of 1993.
From the Judgment and Order dated 12.4.93 of the Gujarat High
Court in Cr!. A. No. 496 of 1993.
E.R. Kumar, Ms. Shefali S. Faz! and P.H. Parekh for the Appellants. c
Mrs. H. Wahi for the Respondents.
The Judgment of the Court was delivered by
FAIZAN UDDIN, J. 1. This appeal has been directed against the D
order dated April l 2, 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 E
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. F
3. 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, Dahyalal Hirachand took respondent No.
2. Smt. Manjulaben as his second wife, from whom 5 sons and 2 daughters G
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 Miscellaneous Application No. 190 of 1984 in the Court of
Judicial Magistrate, 1st Class, Surendra Nagar, claiming maintenance fron1
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 H
50 SUPREME COURT REPORTS [1996] SUPP. 2 S.C.R.
A addition to rental income of Rs 1,000 per month. The appellanl 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.
B 4. The learned Magistrate on evaluation of evidence found that Dilip,
one of the natural born sons of the respondent No. 2 herein, had contested
the Municipal Election, while the other two natural born sons of respon-
dent No. 2 - Niranjan and Bharat - were carrying on business of selling
clothes and books respectively on the pavements of Bombay and
c appellant's father Dahyalal Hirachand was engaged in selling Rasna
Chemicals, Detergent Powder, Cello-tape, Ready-made frocks etc. and was
giving Rs. 180 per month as salary to his servant and was also getting Rs.
108 per month as rent from tenants and that he had shown his monthly
income of Rs. 550 per month in the Ration Card. He had received 52,000
D as consideration for sale of his houses and possessed some jewellery etc.
and on that basis recorded the finding that Dahyalal Hirachand was a
wealthy and rich person and the main dispute between them was with
regard to distribution of shares in the properties and, therefore, he was not
entitled for any maintenance from the appellant. The learned Magistrate
consequently dismissed his maintenance petition. In the revisional Court,
E a settlement was arrived at between the father and the appellant.
5. Subsequently. another maintenance petition was jointly filed by
appellant's father Dahyalal Hirachand and his second wife Smt. Man-
julaben (respondent No. 2) claiming a sum of Rs. 500 per month as
F maintenance from the appellant, out of which the present appeal arises.
The respondent No. 2, Smt. Manjulaben and her husband Dahyalal
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
G from Smt. Manjulaban, respondent No. 2 herein, have meagre 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. The appellant contested by denying that the natural
born sons of respondent No. 2 had meager income and were not possessed
H of sufficient means to mdintain themselves and their parents and pleaded,
KIRTIKANT D. VADODARIA v. STATE [FAIZAN UDDIN, J.] 51
inter alia, that they were well-off with sufficient means to provide main- A
tenance. The appellant took the plea that his father Dahyalal Hirachand
was an expert in the formula for preparing Snuff and was earning Rs. 1,500
to Rs. 2000 per month from the sale thereof, besides receiving the rental
income from immovable properties. He also took the plea that the main-
tenance petition against him had been filed only to harass the appellant B
leaving out all the 5 natural born sons of respondent No. 2 who are well-off
and capable of maintaining their parents.
6. The learned Magistrate recorded the finding that Dahyalal
· -• Hirachand, the father of the appellant, had agreed to receive a sum of Rs.
3,250 in full and final settlement of his future maintenance allowance in C
revisional court arising out of the earlier maintenance petition and that he
having sufficient means to support himself was not entitled for any main-
tenance allowance from the appellant, however, the trial Magistrate took
the view that inspite of respondent No. 2 being a step-mother of the
appellant, she had a right to claim maintenance from the appellant and D
··awarded a sum of Rs. 400 per month as maintenance allowance to her from
the date of the petition. This order has been upheld by the learned City
Sessions Judge and the High Court as stated earlier against which this
appeal by leave of this Court has been preferred. Thus, the short question
that arises for consideration of this Court is whether the expression
"mother" used in clause (d) of sub-section (1) of Section 125 of the Criminal E
Procedure Code, 1973 (in short the 'Code'), includes "step-mother".
7. The counsel for the appellant urged that the appellant had already
·,~ paid a sum of Rs. 3,250 to his father in full and final settlement of his future
maintenance claim in the earlier proceedings and the subsequent applica- F
tion by him along with the step-mother of the appellant was filed with a
motive to harras the appellant and to deter and deprive him from claiming
his share in the ancestoral property. He submitted that the appellant being
the step-son of respondent No. 2, alone was chosen to be proceeded
against for grant of maintenance despite the fact that all the 5 real and
natural born sons of the respondent No. 2 arc earning well and possessed G
of sufficient means to maintain their mother, the respondent No. 2, besides
her husband himself being capable of maintaining her. The learned counsel
asserted with great force that the step-mother is not and cannot be in-
cluded in the expression "mother" in Section 125 of the Code and relying
on the decisions rendered by Bombay, Madhya Pradesh and Andhra H
52 SUPREME COURT REPORTS [1996] SUPP. 2 S.C.R.
A Pradesh High Courts, submitted that the appellant cannot be fastened with
the liability for the maintenance of his step-mother, respondent No. 2
herein, under Section 125 of the Code, specially when her husband
Dahyalal Hirachand and 5 major natural born sons aged between 44 to 29
years are earning well and capable of maintaining respondent No. 2. rt was
contended that the Courts below miserably failed to consider that the
B appellant's father Dahyalal Hirachand was possessed of jewellery and had
sold out four houses for a sum of Rs. 52,000 and in addition had an
independent income of his own which is sufficient to maintain himself and
his wife, respondent No. 2, the step-mother of the appellant. It was further
contended that a person may be bound to maintain the dependents out of
c the estate or aI)cestral property inherited, in which event the right to
maintenance exists against the property and not against the individual who
has inherited the property, but the appellant has inherited no such property
by virtue of which he may be held liable for the maintenance of his
step-mother.
D
8. We have given serious thought and consideration to the submis-
sions made above by the learned counsel for the appellant and notice that
Dhayalal Hirachand, the husband of respondent No. 2 Smt. Manjulaben,
has been found to be a person of sufficient means and income. It is also
true that there are 5 natural born sons of respondent No. 2 besides 2
E daughters, who are all major. It is also a fact that Dalip one of the sons
had contested the Municipal Election and two other sons are carrying on
various business. According to the Law of the land with regard to main-
tenance, there is an obligation of the husband to maintain hi.' wife which
does not arise by reason of any contract - express or implied - but out of
F jural relationship of husband and wife consequent to the performance of
marriage. Such an obligation of the husband to maintain his wife arises
irrespective of the fact whether he has or has no property, as it is considered
an imperative duty and a solemn obligation of the husband to maintain his
wife. The husband cannul be heard saying that he is unable to maintain due
to financial constraints so long as he is capable of earning. Similarly, it is
G obligatory on the part of a son to maintain his aged father and mother by
reason of personal obligation. Under the old Hindu Law, this obligation
was imposed on the son alone, but nuw the present day Hindu law extends
this obligation both on sons and daughters. In this connection, it is relevant
to point out that according to sub-section (1) of Section 18 of the Hindu
H adoptions and Maintenance Act, l '!56, a Hindu wife is entitled to the
KIRTIKANT D. VADODARIA v. STATE [FAIZAN UDDIN, J.] 53
maintenance from her husband during her life time. She is entitled to claim A
maintenance from her husband so long as she is chaste subject to the
conditions laid down in sub-section (2) of Section 18 of the said Act. Under
the present Law, as said earlier, both son and daughter are liable to
maintain aged or infirm parents including childless step-mother, when the
latter is unable to maintain herself. It is well settled that a son has to
maintain his mother irrespective of the fact whether he inherits any proper-
B
ty or not from his father, as on the basis of the relationship alone he owes
a duty and an obligation, legal and moral, to maintain his mother who has
given birth to him. Further, according to Section 20 of the Hindu Adop-
tions and Maintenance Act, 1956, a Hindu is under a legal obligation to
maintain his wife, minorsons, unmarried daughters and aged or infirm C
parents. The obligation to maintain them is personal, legal and absolute in
character and arises from the very existence of the relationship between
the parties. But the question before us is whether a step-mother can claim
maintanance from the step-son under Section 125 of the Code. In other
words, whet~er Section 125 of the Code includes within its fold the step- D
mother also as one of the persons to claim maintenance from her step-son.
9. There is a serious controversy and conflict of judicial decisions
amongst various High Courts with regard to the status and claim of
maintenance by a step-mother from her step-son and it is this conflict of
judicial decision which has given rise to the present appeal before us. The E
Gujarat High Court in Havaben Karimbhai Beline v. Razakbhai @ Bachub-
hai Karimbhai Belin & Ors., (1978) Gujarat Law Reporter 237: Orissa High
Court in Petei Bewa v. La;.midhar Jena, (1985) Criminal Law Journal 1124
and the High Court of Allahabad in Ganga Sharan Varshney v. Smt.
Shakuntala Devi & Anr., (1990) Criminal Law Journal 128, have taken the F
view that the word "mother" occurring in clause ( d) of Section 125(1) of
the Code includes a "step-mother" or a woman who has the status of a
"step-mother" by reason of her lawful marriage with the father of the person
sought to be made liable for maintenance under Section 125 of the Code
and such a woman or a step-mother can file application for maintenance
from the step-son. However, as against the aforementioned decisions, the G
High Court of Bombay in Ramabai v. Dinesh, (1976) Maharashtra Law
Journal 565; High Court of Madhya Pradesh in Rewalal Arjun Babu & Anr.
v. Kamlabai Arjun Babu, (1985) Madhya Pradesh Law Journal 541, and
High Court of Andhra Pradesh in Ayyagari Suryanarayana Vara Prasada
Rao v. Ayyagari Venkatakrishna Veni & Anr., (1989) Criminal Law Journal H
54 SUPREME COURT REPORTS [1996] SUPP. 2 S.C.R.
A 673, have taken a consistent view that the word "mother" in Section
125(1)(<l) of the Code will have to be given its natural meaning and so
considered, it will mean only the natural mother and will not include the
"step-mother" who in common parlance is a distinct and separate entity and
cannot be equated with one's own mother.
B 10. To resolve the controversy, it would be appropriate to reproduce
the relevant part of Section 125 of the Code which reads as under :
"125, Order for maintenance of wives, children and parents. - (1) If
any person having sufficient mearu; neglects or refuses to maintain-
c (a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married
or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married
D
daughter) who has attainted majority, where such child is, by
reason of any physical or mental abnormality or injury unable
to maintain itself, or
(d) his father or mother, unable to maintain himself or her·
E self,
a Magistrate of the first class may, upon proof of such neglect or
refusal, order such person to make a monthly allowance for the
maintenance of his wife or such child, father or mother, at such
monthly rate not exceeding five hundred rupees in the whole, as
F such Magistrate thinks fit, and to pay the same to such person as
the Magistrate may from time to time direct :
Provided that the Magistrates may order the father of a minor
female child referred to in clause (b) to make such allowance, until
G she attains her majority, if the Magistrate is satisfied that the
husband of such minor female child, if married, is not possessed
of sufficient means.
Explanation, · For the purposes of this Chapter, ·
H (a) "minor" means a person who, under the provisions of the
KIRTIKANTD. VADODARIA v. STATE [FAIZAN UDD!N,J.] 55
Indian Majority Act, 1875 (9 of 1875), is deemed not to have A
attained his majority;
(b) "wife" includes a woman who has been divorced by, or has
obtained a divorce from, her husband and has not remarried.
2. Such allowance shall be payable from the date of the order, B
or, if so ordered, from the date of the application for maintenance.
3. xx xx xx
4. xx xx xx
c
5. xx xx xx
11. Admittedly, the expressions "mother" and "step-mother" have not
been defined either in the Code or in the General Clauses Act. These
expressions have also not been defined by the Hindu Law or the Hindu D
Adoptions and Maintenance Act, 1956 or by any other Law. As stated
earlier, all that the explanation attached to Section 20 of the Hindu
Adoptions and Maintenance Act, 1956 provides is that the expression
"parent" includes a childless step-mother. This being the position, we have
to resort to the dictionary meaning and the meaning in which these
expressions are commonly understood in the popular sense. In the Per- E
manent Edition of WORDS AND PHRASES. Volume 27A, at page 348,
the word 1'mother" has been given the meaning 'to denote a woman who
has borne a child or a female parent, especially one of the human race. In
Volume 40 of the said permanent Edition of WORDS AND PHRASES,
at page 145, the expression "step-mother" has been given the meaning as F
to be the wife of one's father by virtue of a marriage subsequent to that of
which the person spoken of is the offspring. It has been further stated that
a "step-mother" is a relative by affinity and the relationship continues after
the death of the father. BLACK'S LAW DICTIONARY, 5th Edition, at
page 913, has given the meaning of "mother" as 'a woman who has borne G
a child', a 'female parent'. Further, at page 1268, .the meaning of "step-
mother" is stated to mean the wife of one's father by virtue of a marriage
subsequent to that of which the person spoken of is the offspring'. Similarly,
io THE SHORTER OXFORD ENGLISH DICTIONARY, Volume II, at
page 1360, the meaning of the word "mother" is given as 'a woman who has
given birth to a child or a female parent' and at page 2122, the expression H
56 SUPREME COURT REPORTS [1996] SUPP. 2 S.C.R.
A "step-mother" has been assigned the meaning as 'The wife of one's father
by a subsequent marriage'. According to Webster Dictionary (International
Edition), the expression "mother" means a female parent and that which
has produced or given birth to anyone. Thus, 011 a conspectus view of
dictionary meaning of the two expressions - "mother" and 1Step-mother11 in
B various dictio11aries, it clearly emerges that there is inhere11t distinction be-
tween the status of a 'mother' and 'step-n1other' and they are two distinct and
separate entities and both could not be assigned the same meaning. The
expression "mother" clearly means only the natural mother who has given birth
to the child and not the one who is the wife of one's father by another
marriage.
c
12. It may be mentioned here that in The General Clauses Act
though the expression "father' has been defined in clause 20 of Section 3,
but the expression "mother" has not been defined. The expression "father'
as defined in the General Clauses Act, 1956 mean in the case of anyone
D whose Personal Law permits adoption, 'shall include an adoptive father'.
Applying the said analogy, at best, an adoptive mother may also be in-
cluded in the expression 'mother' but not a step-mother. As discussed
above, a step-mother is one who is taken as a wife by the father of the child
other than the one from whom he is born or who has given birth to him.
This clearly goes to show that the woman who gives birth to a child and
E another woman who is taken by the father as his other wife are two distinct
and separate entitles in the eye of Law and who in common parlance are
known and recognized as real 'mother' and 'step-mother'. That being so,
another woman who is taken as a wife by the father of the child cannot be
given the status of a mother so the child born from another woman as there
is no blood relation between the two.
F
13. We may also here usefully refer to an old decision of a Division
Bench of Bombay High Court in Baidaya v. Natha Govindla~ (1885) 9
Indian Law Reports 279, wherein on the basis of the opinion of Mann and
Mitakshara, it was held that the term 'mata' stands for 'janani',"genitrix11,
G and sapathamata "noverca". It has been further observed in the said
decision that 'mata' and 'mata-pitrau' are Sanskrit words which are used
in the text by Manu, Mitakshara and Balambhatta and in both the cases
discussion proceeds on the supposition that the primary meaning of 'mata'
was "natural mother" and that it was only in a secondary and figurative
H sense that it could mean a "step-mother". It is, therefore, clear that even
KIRTIKANTD. VADODARIA v. STATE(FAIZANUDDIN,J.] 57
under the old Hindu Law also, the expression mother was referable only A
to the natural mother who has given birth to the child and not the step-
mother. It would be difficult to assume that the legislature was unmindful
· of the social fabric and the structure of relationship in the families. The
existence of various kinds of relatives in our society was not some thing of
which the Parliament may be said to be ignorant when it thought to enact
B
the New Code of 1973 and for the first time not only the parents were
included amongst the persons entitled to claim maintenance under Section
125(1)(d) but even the divorced woman had been included in the expres-
sion wife, to be entitled to claim maintenance, who were not so included
in Section 488 of the Old Code of 1898.-lt is significant to note that the
"step-father or nstep-mother" are not included in the expression "his father C
11
or mother" occurring in clause (d) of Section 125(1) of the Code giving a
clear indication of the legislative intent.
14. In view of the above discussion it follows that the expression
'mother', in clause (d) of Section 125(1) of the Code, mpns and is D
referable only to the real or natural mother, who has actually ·given birth
to the child and if that be so, the view taken by the Gujarat High Court in
Havaben Seline's case (supra) that the word 'mother' occurring in clause
(d) of Section 125(,1) includes a woman who has the -status of a 'step-
mother by reason of her lawful marriage with the father of the person
sought to be made liable for maintenance under Section 125, cannot be E
accepted. This assumption of the meaning of the expression 'mother' by
legal fiction would mean some thing which is not so intended by the
legislature. For the same reasons the view taken by the Orissa High Court
in Petei Bewa's case (supra), cannot also be accepted as it adopts the
reasoning of the Gujarat High Court in preference to Bombay High Court F
which took the view that the word 'mother' used in Section 125(1)(d) of
the Code, will have to be given its natural meaning and so construed it will
mean only the natural mother and will not include the step-mother, who in
common parlance is a distinct and separate entity and cannot be equated
with one's own mother. The High Court of Allahabad in case of Ganga
Saran Varshney (supra) was mainly concerned with the question of juris- G
diction with reference to the place where maintenance petition could be
filed and there is no elaborate discussion on the question whether a
step-mother would includy in the expression "mother" in Section 125(1)(d)
of the Code or not. In our considered opinion the view expressed by the
High Court's of Bombay, Madhya Pradesh andAndhra Pradesh, with regard H
58 SUPREME COURT REPORTS [1996] SUPP. 2 S.C.R.
A to the meaning of the expression 'mother in Section 125(1)(d) of the Code
is the correct view and the contrary view of the Gujarat High Court, Orissa
High Court and the Allahabad High Court (supra) is not the correct view.
15. The point in controversy before us however is whether a 'step-
mother' can claim maintenance from the step-son or not, having regard to
B 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
c 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
D 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 a liberal construction to fulfil
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 or her husband, if living, is also
E 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
F 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
G capable of maintaining her, she could still proceed against her step-son 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 step-son to
maintain the step-mother, out of the inherited family estate by the step-son
and leave that question to be decided in an appropriate case. Our discus-
sion is confined to the obligations under Section 125 Cr.P.C. only.
H
KIRTIKANTD. VADODARIA v. STATE [FAIZAN UDDIN,J.j 59
16. In the present case, as discussed above, the "step-mother" A
respondent No. 2 has got 5 natural born sons who are all major and atleast
3 of them are well to do and capable of maintaining their mother. This
apart, as already noticed, the husband of respondent No. 2 is. also pos-
sessed of sufficient means and property besides the monthly income that
he derives from the business of Snuff enabling him to maintain and support B
his second wife, yet the step-mother respondent No. 2 preferred to claim
the maintenance only from the step-son, the appellant herein leaving out
all her natural born sons (from whom she could claim maintenance as their
- mother) and husband who are well to do. P1ima facie it appears that
respondent No. 2 proceeded against her step-son with a view to punish and
cause harassment to the appellant, which is wholly unjustified. In the facts C
and circumstances of this case, we are of the view that respondent No. 2
is not entitled to claim any maintenance from the step-son, appellant
herein. In the result the appeal succeeds and is hereby allowed. The
impugned orders of the High Court and the Courts below are set aside and
the petition of respondent No. 2 for maintenance is dismissed, but without D
any orders as to costs. We, however, wish to clarify that in the interest of
justice and to balance the equities, the amount already received by respon-
dent No. 2 from the appellant shall not be refrindable by her to the
appellant.
v.s.s. Appeal allowed.