Prayagraj, Jul 15 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 order to the effect that her step-son be also held liable for maintenance, as her real son had been directed to pay her Rs 8,000 per month.
It was her stance that the trial court had wrongly fastened liability to pay maintenance solely on the real son (opposite party number 3), and erred in imposing no liability on her step-son (opposite party number 2).
Her counsel argued that both sons ought to have been directed to pay maintenance.
Opposing the plea, the counsel appearing for the State and the step-son submitted that in the presence of the real son, who has sufficient means to maintain his mother, the step-son cannot be held liable for the same.
