Stepfather can claim maintenance from Stepson – Calcutta HC Answers

August 31, 2022

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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.

If a stepfather has a claim to support from his stepson?
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.