• Maintenance claims by step mother

I am 29years Hindu,working in pvt lmt firm.My mother expired on Dec 1988 at my tender age when I was around 1 year along with two elder sisters. They were also minor at that time. My father remarried on March 1991 through this new wedlock a girl child was born on Oct 1992. Then after my father expired on Dec 1992, still we all were minor at that time, hence we were looked after by our legal guardian. Till now we are staying with our legal guardian, my step mother and her daughter lives separately, we have no concern with them since childhood. My step mother is getting pension from my deceased father's account. Now my step mother and her daughter are claiming maintenance from me. My elder sisters got married and are well settled. Kindly clarify whether she and her daughter are entitled to claim maintenance from me or not?
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

1.Your step is getting pension from her dead husband.So she is not entitled to maintenance even if you were not her step son.

2. Sister has no right of maintenance. The marriage of sister makes it more impossible.

3. So there is nothing to worry. If you prove in court the status of your mother as step mother, her receiving of pension and marriage of your sister the court dismiss their case for sure.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1) if step mother is getting pension and able to maintain herself she cannot seek maintenance from you

2)you have not mentioned what is pension amount your step mother is receiving

3) if your step sister is unable to maintain herself you would be bound to maintain her

4) let them file application in court and seek court orders for maintenance

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

1. You have mentioned that after your father's demise you were looked after your 'legal guardian', but not specified who that legal guardian is.

2. If you were at no point of time looked after by your step-mother and she is residing separately from you and also drawing pension of your deceased father then you are not liable to maintain her and your step-sister.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If you have inherited your father's property then you may be legally obliged to take care of them.

Since she is getting your father's pension, you can repudiate her claim.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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