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Shree. ( Advocate.)     30 June 2009

whether a stepmother can claim maintenance from the stepson

whether  a stepmother can claim maintenance from the stepson
under Section 125 of the Code. In other words, whether  Section 125 of the Code includes within its fold the


stepmother also as one of the persons to claim
maintenance from her stepson."



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 8 Replies

Anish goyal (Advocate)     01 July 2009

Under section 125 right to maintenance to a childless widow is recognised by Supreme court in kirti kant v. State of gujrat 1996 provided she is widow or her husband is incapable of maintaining her. Also Section 20 explanation entitle a childless step mother to claim maintenance.

Anish goyal (Advocate)     01 July 2009

Sorry section 20 of Hindu Adoption And Maintenance Act

Adv Archana Deshmukh (Practicing Advocate)     17 October 2009

A step mother cannot claim maintainance u/s. 125 cr.p.c

Suchitra. S (Advocate)     17 October 2009

I agree with Archana ji. A step mother cannot claim maintenance from her step son under S. 125 of CrPC.

Shree. ( Advocate.)     18 October 2009

Dear All,

Stepmother’ is entitled to maintenance by her stepson under Section 125 (i)(d) of the CrPC

See in the case :(Parbhati Paro vs Khiala Ram, 1985{1}, Hindu LR 24: 1984 Mat. LR 384).

Suchitra. S (Advocate)     18 October 2009

Shree Sir,

Thanks for the info. I was not aware of such decisions.

Adv Archana Deshmukh (Practicing Advocate)     19 October 2009

There are conflicting decisions of different HCs on  whether a step mother comes within the defination of mother .

Rewalal vs Kamalabai- 1986 CrLJ 282 MP.  The HC has held that she does not.

Rajesh Kumar (Advocate)     20 October 2009

Step mother is not a mother for a mother cannot be defined as any wife of father.

 


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