Stepmother compelling my husband for maintenance

by | Nov 20, 2019


Question asked on: 20/11/2019

My husband is working in Aditya college for 15000 per month. We have a baby 12months old. We didn’t even own house to live. His stepmother is asking for maintenance 3000 every month. She is demanding to take responsibility for her daughter’s marriage, and they are creating badly on us. They do not agree to be with us what should I do.

Advised by: Mr. Shivendra Pratap Singh, Advocate

According to section 125 of the code of criminal procedure (crpc), the stepmother cannot claim maintenance from stepson. You did not mention that your father-in-law is alive or stepmother has any source of income. A real mother can demand monetary assistance under section 125 crpc.

The stepmother can invoke this section only in exceptional conditions. When she is a widow or childless and has no source of income, then she can invoke section 125 crpc. In your case, the stepmother has a child who has attained the age of majority. Therefore, she has no right to compel your husband to pay maintenance or bear the marriage expenses of her daughter.

Section 125 crpc does not provide that a stepson maintains her stepmother, who has a real child. In the current scenario, the stepmother can seek maintenance from her daughter only.

Section 125 crpc makes the children liable to maintain their parents. The word children includes real son and daughter. If the stepmother is childless, then stepson comes under the meaning of children.

As far as your case is concerned, that lady has a child. Hence, your stepmother-in-law has no right to compel your husband for the maintenance. Her claim is not recognized under the provision of section 125 crpc.

You should avoid her claim, and if she is vigorously claiming or compelling, then you should file a case against her under section 506 of the IPC. She is alleging a false demand which is not tenable in the law.

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Shivendra Pratap Singh

Advocate, Lucknow

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