Legal Advice

Am I bound to maintain my real and stepmother simultaneously

Question: I am facing a legal dilemma regarding the maintenance of my stepmother. She is claiming that I have to provide for her financial needs, even though she has two biological daughters who are capable of supporting her. She argues that since I am taking care of my biological mother, I have a moral obligation to do the same for her. However, I do not agree with this logic. I do not have any emotional or legal bond with my stepmother, and I do not think it is fair that I have to bear the burden of her expenses. I am very confused and frustrated by this situation.

Advise

You are not obligated to provide maintenance for both your real and stepmother, given that your stepmother has two real daughters who are fully capable of supporting her. In this situation, it is advisable to raise an objection regarding the appropriateness of the case filed under Section 125 of the Code of Criminal Procedure.

Section 125 of the CrPC grants parents the right to claim maintenance from their children if the children have the means to support their parents but refuse or neglect to do so. However, since your stepmother is unable to sustain herself, she may indeed invoke Section 125 of the CrPC. But she should primarily make such a claim from her biological children.

Under Section 125 of the Code of Criminal Procedure (CrPC), children may have a legal obligation to provide maintenance to their parents if the parents are unable to support themselves and the children possess the means to provide financial assistance.

In proceedings under Section 125 of the Code of Criminal Procedure (CrPC) for maintenance, the evidence required typically includes documents and testimony that establish the financial capacity of the person from whom maintenance is sought and the financial needs of the person seeking maintenance. Here are some types of evidence that may be relevant:

  1. Income and Earning Capacity:
    • Salary slips, income certificates, or employment contracts.
    • Bank statements.
    • Tax returns or income tax assessment orders.
  2. Financial Status:
    • Property documents.
    • Details of any investments or assets owned.
  3. Expenditure and Needs:
    • Details of monthly expenses and necessities.
    • Medical bills or records if health-related support is sought.
    • Educational expenses for children.
  4. Dependency:
    • Proof of relationship between the parties, such as marriage certificates or birth certificates.
    • Documents showing the dependency of the person seeking maintenance.
  5. Neglect or Refusal:
    • Any correspondence or communication indicating neglect or refusal to provide support.
  6. Other Relevant Documents:
    • Any other documents that can establish the financial capacity or the financial needs of the parties involved.
  7. Witness Testimonies:
    • Statements from witnesses who can attest to the financial situation or needs of the parties.

 

Shivendra Pratap Singh

Advocate

High Court Lucknow