Mother cannot seek maintenance from step-son after getting it from real son: Allahabad HC
PRAYAGRAJ, July 16 -- The Allahabad high court has held that a mother who has already been granted maintenance from her biological son under Section 125 of the Code of Criminal Procedure (CrPC) cannot subsequently seek another maintenance order against her step-son, observing that once she is receiving maintenance, she is no longer incapable of maintaining herself.
The observation came in an order dated July 14 by Justice Lakshmi Kant Shukla while dismissing a criminal revision petition filed by a woman challenging a Family Court order that directed only her biological son to pay her Rs.8,000 per month as maintenance.
The petitioner argued that the Family Court erred by fastening the liability solely on her biological son and not direct...
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