Court Upholds Real Son's Liability to Support Mother, Dismisses Revision Filed to Harass Stepson
In a significant ruling, the Allahabad High Court dismissed a criminal revision petition aimed at imposing maintenance liability on a stepson, reinforcing the legal responsibility of a real son to support his mother. The case, titled "Smt Kusum v. State of U.P.," was presided over by Justice Lakshmi Kant Shukla, who delivered the judgment on July 14, 2026.
The petitioner, Smt Kusum, had filed the revision challenging an order from the Additional Principal Judge, Family Court No. 2, Muzaffarnagar. The trial court had directed her real son, Tanveer Khan, to pay Rs. 8,000 per month as maintenance under Section 125 of the Criminal Procedure Code (Cr.P.C.). However, the petitioner sought to extend this financial obligation to her stepson, Rukhsar Khan, arguing that both sons should bear the maintenance responsibility.
Justice Shukla, after hearing arguments from both sides, noted that the stepson could not be held liable for maintenance in the presence of a real son who has sufficient means to support his mother. The court emphasized that once maintenance is provided by the real son, the mother loses her inability to maintain herself and cannot claim maintenance from another person.
The judgment further highlighted the discretion of courts to determine the ratio and extent of maintenance when multiple parties are obligated to support the claimant. It underscored that the decision to fix liability should be based on a thorough examination of the parties' financial capabilities and the familial relationships involved.
In its analysis, the court found the revision petition to be devoid of merit and filed with the malicious intent of harassing the stepson. Consequently, the court dismissed the revision, affirming the trial court's decision and reiterating the legal principles governing maintenance under Section 125 Cr.P.C.
This judgment serves as a precedent, reinforcing the established norms that prioritize the responsibility of direct familial relations in matters of maintenance, while protecting individuals from frivolous legal claims.
Bottom Line:
Section 125 Cr.P.C. - Maintenance to parents - Real son held liable to pay maintenance to his mother - Stepson not liable in presence of real son having sufficient means to maintain his mother.
Statutory provision(s): Section 125 Cr.P.C.
Smt Kusum v. State of U.P., (Allahabad) : Law Finder Doc id # 2940893
