'Woman Can't Claim Maintenance From Step-Son After Relief From Real Son': Allahabad Court
The Allahabad High Court ruled that a mother cannot claim maintenance from her step-son if she is already receiving maintenance from her biological son. The court clarified that the legal obligation to provide maintenance is prioritized based on the ability of the biological child to support the parent.
Why it matters
This sets a legal precedent regarding family maintenance obligations and the interpretation of the CrPC in India.
The Allahabad High Court has observed that once a mother has been granted maintenance against her real son under Section 125 of the CrPC, she cannot subsequently seek maintenance from her step-son.Justice Laxmi Kant Shukla, in his judgement passed on Tuesday, said that after receiving maintenance from her real son, the mother is no longer incapable of maintaining herself and hence not entitled to any subsequent maintenance order in her favour.However, the court clarified that if there are two or more persons under an obligation to maintain the applicant and claimant approach the court, it is the court's duty to decide from whom and to what extent maintenance is to be made payable.With the above observation, the court dismissed a criminal revision filed by a woman seeking modification of a Family Court…
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