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Maintenance

(Querist) 22 September 2013 This query is : Resolved 
Sir,
Please guide, whether, Minor children, who's father is not alive may ask maintenance from her step mother, who is receiving family pension of her father and have left them alone. Under 125 Cr.P.C. or other provision ?

Please refer citation if any .
Regards
P. Venu Online (Expert) 23 September 2013
Facts stated appears to be incomplete as well as confusing. Please furnish the complete facts.
Arvind Singh Chauhan (Querist) 26 September 2013
Husband performs second marriage after the death of first wife.


After the death of husband,Second wife left the minor children born from her husband's first marriage, and has received all monitory benefits of husband.
P. Venu Online (Expert) 26 September 2013
Though the second wife would have received the monitory benefits as the nominee, it belongs to all the legal heirs.

No direct answers are forthcoming on the question of the step-mother's liability to pay maintenance to the minor children from the family pension.


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