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Judgment
N.C. Khichi, J.
The brief facts of the case as have emerged from the record are that just after a span of 8 months from the date of death of the natural mother of the petitioner, his father Sh. K.K. Sharma, brought the respondent to his house and started living with her.
Shri K.K. Sharma expired on 15.11.1992, while he was posted as Assistant Manager in Punjab National Bank, Sector 27A, Chandigarh. The respondent received provident fund, gratuity and about Rs. 50,000/ against LIC Policy on the basis of power of attorney duly executed by the petitioner, his two brothers and sister in her favour, on compassionate grounds, the petitioner was appointed as peon in the Bank.
Smt. Raj Sharma, respondent moved a petition for maintenance under Section 125 of the Code of Criminal Procedure (for short Cr.P.C.) 1973, The petitioner opposed the claim of the respondent on the ground that she being his stepmother was entitled to claim maintenance. However, the judicial Magistrate Ist Class, Chandigarh, vide order dated 27.8.1994, held that even a stepmother was entitled to maintenance under Section 125 Cr.P.C. and as such allowed interim maintenance @ Rs. 300/ per month till the disposal of the petition. This order has been challenged by the petitioner in this petition under Section 482 Cr.P.C.
On having received notice, the respondent contested the petition and pleaded that she is entitled to maintenance as allowed by the trial Court.
On account of there being conflict of Judicial opinion on the crucial question involved in the present petition as to whether the stepmother is entitled to maintenance under section 125 Cr.P.C. or not, the matter was referred to large Bench by V.K. Bali, J. vide order dated 24.2.1995. The Division Bench consisting of J.B. Garg and P.K. Jain, JJ. answered the reference vide judgment dated July 6, 1995, in favour of the son that the respondent being the stepmother is not entitled for maintenance from a stepson. It is in this manner that the present petition has come up for disposal.
In view of the decision of the Division Bench as stated above the word mother referred to in subclause (1) (b) of Section 125 Cr.P.C. means a natural mother, who has given birth to a child and also includes the woman who has adopted a child but does not include the stepmother. Smt. Raj Sharma, respondent being stepmother of the petitioner, is not entitled for maintenance.
Consequently order dated 27.8.1994, copy Ann. P.1 to the petition, is set aside and the proceedings under Section 125 Cr.P.C. pending in the trial Court, are quashed.