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Maintenance of child.

(Querist) 26 March 2008 This query is : Resolved 
A man marries a lady whose husband has died. There starts problem with them. Now lady files maintenance claim against husband and her daughter who was born out of consummation of marriage with erstwhile husband.
Whether the daughter from first husband is entitled for maintenasnce u/s 125 cr. p. c from the person who is not her father.
a.haridasan (Expert) 26 March 2008
dear sathish varma,we know ,125 crpc only deals with the maintaince of wife unable to maintain herself,OR his legitimate or illegitimate minor child whether married or not, unable tomaintain it self ,OR his legitimate or illegitimate child who has attained majority where such child is ,by reason of any physical or mental abnormality or injury ,OR father or mother unable to maintain herself or himself.questioned daughter can claim maintaince against her own mother..
any way it is clear that while dealing with a maintanace proceedings u/s 125 crpc ,the magistrate has to take into consideration the personal law applicable to the parties as per the sightation in kirtikant d vadodaria v/s state of gujarat 19996 4 scc 479.
Manish Singh (Expert) 27 March 2008
After marriage to any other person, the said other person becomes the father of the said child. So, he is liable to maintain her.
Rajesh Kumar (Expert) 27 March 2008
Manish, there is no provision of law under which a person become father of a child born out of another wed lock!
The issue which needs to decided in the present case is that whether "father" includes "step father" within the meaning of Section 125 of the Cr.P.C. Under the present facts & circumstances, it appears that it will be answered affirmatively.
SANJAY DIXIT (Expert) 27 March 2008
NO.
As provisions laid down in Cr.P.C. under section 125 to 128; it is clear that a step father is not liable for maintenance.
Therefore Mr Satish in your case; the daughter from first husband is not entitled for maintenance U/s 125 Cr.P.C.
Manish Singh (Expert) 31 March 2008
I completely agree with my above named seniors and I am regretful for providing wrong information.
ritu bhadana (Expert) 02 April 2009
mr. rajesh and mr. sanjay is absolutely right


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