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