Not A Mere Breach Of Contract: Telangana High Court Refuses To Quash FIR In ₹73 Crore Garment Investment Fraud Accused Not Entitled To Copies Of 'Unrelied' Upon Documents At The Stage Of Framing Of Charges Under Section 91 CrPC: Supreme Court Elected Representatives Have No Privilege To Resort To Violence; Criminal Antecedents Are Material For Bail Adjudication: Supreme Court Mere Absence Of Transport Documents Does Not Create A Presumption Of Violation Of Chhattisgarh Agricultural Cattle Preservation Act, 2004: Supreme Court Section 396 IPC | Conviction For 'Dacoity With Murder' Requires Proof That Murder Was Committed In The Course Of Dacoity: Allahabad High Court 'Developers Cannot Delay Conveyance For Eternity And Milk Additional FSI Benefits': Bombay High Court Upholds Societies' Deemed Conveyance Pre-Approval Statutory Dues Stand Extinguished Upon Approval Of Resolution Plan; GST Authorities Cannot Initiate Fresh Proceedings: Calcutta High Court Unregistered Agreement To Sell With Delivery Of Possession Is Admissible In A Suit For Specific Performance: Delhi High Court Stigmatic Order Discharging Probationer Without Inquiry Is Void For Violation Of Natural Justice: Gujarat High Court Execution Proceedings | Court Cannot Impose Arbitrary Financial Conditions Without Reason In Stay Applications: Himachal Pradesh High Court Section 528 BNSS | High Court Cannot Exercise Inherent Powers To Circumvent Statutory Bar Against Second Revision: Delhi High Court Advocate Empanelment | Restriction On Multiple Applications Is A Procedural Choice Within Employer’s Domain: Delhi High Court Acquittal Appeal | Double Presumption Of Innocence In Favour Of Accused Cannot Be Disturbed Merely Because Another View Is Possible: Gujarat High Court SC/ST Act | Offence Under Section 3(1)(g) Not Attracted If Dispossession Or Interference Is Not Due To Victim's Caste: Himachal Pradesh High Court Judicial Officer Must Maintain Distance From Practicing Advocates To Avoid Impropriety: Gujarat High Court Upholds Dismissal Section 183 BNSS | Investigating Officer Cannot Independently Record Further Statement Of Victim After Recording Before Magistrate: Karnataka High Court Non-Production Of Case Property And Missing Link Evidence In Seizure Cases Vitiates Prosecution: Himachal Pradesh High Court Employees Compensation Act | Death Due To Cardiac Arrest During Employment Is An 'Accident' Arising Out Of Stress And Strain Of Duty: J&K High Court Transfer Of Proceedings | Courts Must Issue Fresh Notice To Parties Even If They Had Appeared Before The Transferor Court: Kerala High Court Sets Aside Ex-Parte Award Section 80P(4) IT Act Does Not Deny Deduction To Regional Rural Banks As They Retain The 'Deemed Co-operative Society' Status Under Section 22 RRB Act: Madras High Court Property Purchased In Name Of Child For Family Benefit Is Not A 'Benami Transaction' Under Section 2(9) Of The 1988 Act: Madhya Pradesh High Court Person Without Caveatable Interest Cannot Challenge Will Or Seek Revocation Of Probate: Madras High Court Divorce | Cruelty Must Be Assessed By Cumulative Effect Of Matrimonial Conduct Rather Than Isolated Incidents: Orissa High Court Merely Labeling Insurance Policy As Comprehensive Does Not Create Unlimited Liability: MP High Court Order VII Rule 11 CPC | Plaint Must Be Rejected If Limitation Bar Is Apparent From Face Of Pleadings: Patna High Court Limitation Act | 'Sufficient Cause' Cannot Be Used To Revive Stale Or Dead Claims By State: Orissa High Court Quashes Order Condoning 53-Year Delay Employee Cannot Remain Dormant Like Rip Van Winkle & Awaken At Convenience: Punjab & Haryana High Court Dismisses Stale Service Plea With ₹25K Cost Section 29 NDPS Act | Mere Allegation Of 'Cooperation' Without Specific Overt Acts Cannot Sustain Charge Of Conspiracy: Rajasthan High Court Forest Land Status Does Not Extinguish Private Civil Title: Punjab & Haryana High Court Upholds Decree For Possession Once Admitted In Evidence, Document Cannot Be De-Marked On Grounds Of Insufficiency Of Stamp Duty: Telangana High Court Section 190 BNSS | Mere Presence In Unlawful Assembly With Active Intent Renders Member Vicariously Liable For Homicidal Act: Punjab & Haryana High Court Contributory Negligence Under Motor Vehicles Act Cannot Be Inferred Without Cogent Evidence: Telangana High Court Enhances Compensation Motor Vehicles Act | Section 164 Compensation Of Rs. 5 Lakhs Applicable Even To Pending Claims Arising Prior To 2019 Amendment: Punjab & Haryana High Court Consumer Protection Act | Builder Liable To Pay Interest For Delayed Possession Despite Force Majeure Plea If Agreement Executed Post-Outbreak: State Commission

Stepchildren ordered to pay reduced maintenance amount to stepmother by Karnataka High Court

07 May 2024 8:19 AM

By: Admin


The Karnataka High Court has issued a ruling stating that a stepmother can claim maintenance from the legal heirs of her deceased husband if it is proven that her husband possessed a substantial number of properties, and the legal heirs were extracting income from them.

In this particular case, the High Court was hearing a petition filed by stepchildren seeking to set aside and quash the order of the Family Court, which had directed them to pay Rs. 25,000/- per month as maintenance to their stepmother. The Counsel for the petitioners had argued that the stepmother was not covered under Section 125 of the Criminal Procedure Code, 1973 (CrPC) as she was not a natural/biological mother, and therefore not entitled to maintenance under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (the "Act"). It was also submitted that the maximum amount that could be granted as maintenance was Rs. 10,000/- per month.

The High Court, however, held that even though the definition of stepmother was not defined under Section 125 of the CrPC, the stepmother was covered in the definition of 'parents' under Section 2(d) of the Act. Therefore, the stepmother would be entitled to maintenance, but she would have to approach the Tribunal under the Act and would also have to produce evidence and documents in order to show that her husband was having a lot of properties and the petitioners were making income out of those properties.

The Bench of Justice K. Natarajan referred to the decision of a coordinate bench of the High Court in the case of Ulleppa and Ors. Vs Smt. Gangabai and observed that "as there are huge properties held by the husband of the stepmother of these petitioners, and they are having income, therefore, the step-mother is also entitled to maintenance." The Bench further held that "the order of granting maintenance of Rs. 25,000/- by the Family Court as interim maintenance is not sustainable, and the matter is required for evidence to be recorded, documents to be marked by the petitioner/stepmother in order to show her husband is having a lot of properties and they are having income. Though the respondent is receiving rent of Rs. 4,000/-, she is having a divorced daughter and granddaughter, therefore, the petitioner requires to agitate the same before the Family Court and also she can claim maintenance in the Senior Citizen Act. Such being the case, granting Rs. 25,000/- per month without recording the evidence is not sustainable."

Accordingly, the High Court modified the order of granting maintenance of Rs. 25,000/- to Rs. 10,000/- per month until the disposal of the case by the trial court. The family court is directed to record the evidence of the parties and decide the issue and dispose of the matter in accordance with the law, taking into account the Senior Citizen Act and Section 125 of the Cr.P.C.

Khaleel Ul Rehman & Ors. vs. Sharaffunnisa Muniri @ Ashaf Unnisa

Latest Legal News