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Stepmother is receiving family pension : Can she claim maintenance from me?

Shivendra Pratap Singh

Advocate

19/07/2021

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Question: My stepmother is receiving the family pension and has all retiral benefits such as provident fund, gratuity etc. She is living a good life but claiming more money from me. I am a software engineer and currently in the USA. We are a very reputed family in our society. My mother died in 1984. thereafter my father contracted a second marriage. My stepmother is very greedy and plans to claim maintenance from me. I came to know this fact through my friends and family members. I want to know whether stepmother can claim maintenance when she is living a good life? 

Question from: Rajasthan

Your stepmother has sufficient means to maintain herself. She has all retiral dues of your deceased father and receives a family pension. therefore your stepmother is not facing any financial problem. when a stepmother is not living in destitution she has no right to claim maintenance under section 125 of the code of criminal procedure.

Section 125 of the CrPC provides a right to maintenance to wife, children and parents. However stepmother is entitled to claim maintenance from her Step son if she is childless. But she must be living in destitution and her child is refusing to maintain her. In your case your mother has sufficient means and she is not living in vagrancy.

You did not mention that your step mother has any child or she is a childless lady. If she has a child then the stepson is not bound to pay alimony. She can exercise her right to maintenance from her biological son. You should not worry about the maintenance of your stepmother because she has no right to seek financial assistance from you. She is a financially strong lady and receiving the family pension.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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