'Promotion Effected Long Ago Not To Be Disturbed': Supreme Court Sets Aside HC Order Quashing 13-Year-Old Promotion; Holds 'Laying Rules' Directory Not Mandatory "Mere Oral Assertion Or 'Data Loss' Letter Not Enough To Prove Driving Licence Validity; Owner Has Strict Duty To Ensure Renewal": Supreme Court Reinstates Insurer's Non-Liability, Applies 'Pay & Recover' Principle "Zero Tolerance To Corruption": Supreme Court Reinstates FIRs Against Karnataka Cops, Slams High Court For 'Mini-Trial' & Exceeding S.482 CrPC Powers ‘Ancillary Services Don't Override Carriage’: Supreme Court Upholds 7.5% Presumptive Income For Cruise Operators Under Section 44B IT Act, Rejects Revenue's Higher Tax Claim Division Bench Refuses To Quash FIR, Holds It Cannot Nullify Single Judge's Final Order Directing Registration Of Case: Allahabad High Court High Court Leave Under Clause XII Doesn't Protect Transferred Suits; Section 16 CPC Strictly Applies To City Civil Court In 'Suits For Land': Bombay High Court Joint Account Holder Who Didn't Sign The Dishonoured Cheque Cannot Be Prosecuted Under Section 138 NI Act: Punjab & Haryana High Court Suits Cannot Be Consolidated If Parties, Properties, And Causes Of Action Are Different: Telangana High Court P&H High Court Halts All Construction In Mohali's Shivalik Foothills Over Failure To Demarcate 'Forest Land', Bars Land Sale No Embargo On Issuing Single Statutory Notice Under Section 138 NI Act For Multiple Dishonoured Cheques: Orissa High Court District Collector Has No Jurisdiction Under CrPC To Order Reopening Of Investigation Or Recall Of Closure Report: Madhya Pradesh High Court No Exclusive Monopoly Over Geographical Term 'Malabar' In Isolation; Protection Limited To Registered Composite Marks: Kerala High Court Person In 'De Facto' Control Is A Promoter Under Companies Act Even If Designated As Professional Director: Karnataka High Court

Stepfather can claim maintenance from Stepson - Calcutta HC Answers

07 May 2024 8:19 AM

By: Admin


The Calcutta High Court held on Tuesday that a stepson cannot dispute his duty to support his stepfather provided he performs the same duties as the biological father.

The court of Justice Kausik Chanda also stated that a biological mother who has entered a second marriage has the legal right to demand support from her son at any time. Sunil Debsharma, the petitioner in this case, lost his father when he was a little child. Fuldi Debsharma, his mother, wed Thelu Debsharma.

Thelu had one son and two daughters from his first marriage, and he was also a widower. After getting married in 2010, Sunil and his wife began to live apart. Their two daughters were.

Under Section 125 of the C.R.P.C., Thelu and Fuldi jointly filed an application for maintenance against Sunil. The Magistrate in the Court below authorised Sunil to pay Thelu and Fuldi a monthly maintenance payment of Rs. 2,500 each.

While this revisional application was still pending, Sunil's wife suffered burn wounds and passed away suddenly. Invoking Thelu and Fuldi, the father-in-law of Sunil filed an F.I.R. under Sections 498A/326/307/34 of the IPC.

  1. If a stepfather has a claim to support from his stepson?
  2. Whether a mother who marries again has a right to maintenance from her first husband's son?

The High Court ruled that "a stepson cannot dispute his duty to maintain him when a stepfather fulfils the same tasks as the biological father. For the same reason, a second-married biological mother has the legal right to demand child support from her son. Without mentioning his own children, it cannot be stated that Thelu cannot demand maintenance from his stepson given the factual context of this case.

The bench granted the petition in light of the aforementioned.

Sunil Debsharma

VS

The State of West Bengal and Others

Download Judgment

[gview file="http://lawyer-e-news.com/wp-content/uploads/2022/08/sunil.pdf"]

Latest Legal News