My step mother claims maintenance from me even though she is living adultery or remarried since my father`s death. This fact is not known to me.Now I come to know that she is having two daughters & one son with adultery living.But I have no sufficient proof.I have only voter id list for proof in which mentioned husband`s name (2nd husband)against her name.Please clarify whether it is sufficient to prove she is married or living adultery? Is it required more proofs?lf it proves then what will be next course of action against her?
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1. Wife has right of maintenance from her husband and on his death from the children born out of the marriage.
2. You being the step son and she having her own children living you are no way liable to maintain the stepmother .
3. So if you prove this fact in court you will not be directed to make any payments.
1) once step mother has remarried she cannot claim maintenance from you . it is her husband responsibility to maintain her
2) she can claim maintenance only from her husband
3) voter id card would prove that she has remarried
4) refuse to pay her any maintenance
Step Mother is no entitle to get any maintenance as she has her own children as per section 125 of Criminal Procedure Code-1973
file an application before the court for the dismissal of this petition as she is not your mother and also file documentary evidence regarding her remarriage if you have.
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Your step mother living with her husband or paramour cannot be considered as adultery, especially if she is a widow.
However she is not entitled for maintenance or any benefit from her previous marriage if she has remarried after the death of her husband.
The prof in your possession would be sufficient to prove her second marriage.
Let she deny and defend herself which can be challenged before court by you on the basis of evidence in your possession.
