Step mother filing crpc 125 case against step son
DV victimmmm
(Querist) 29 July 2017
This query is : Resolved
Respected experts,
This query is for one of my friend's father. The details are as follow:
The person is 47 year old.His mother dies when he was 5 years old and his father remarried.
The person did not stay with the step mother and was raised by his maternal uncle.
The step mother had 2 sons and 2 daughters from her marriage with his father.
After the death of her husband , she is staying with one of her daughter.
Now she has filed a maintenance case against her 2 sons and the step son.
Her husband is no more right now and the person in question did not inherit any property from the father.
The other 2 sons have inherited property from their father.
My queries are :
1. can she file a case against step son whom she did not raise and has no relation since so many years when she has her own sons who are earning well.
2. Can she file the case from the city where she is currently residing.
Please respond to the query and please provide with citation references if there are any.
Thanks in advance for your valuable inputs.
Guest
(Expert) 29 July 2017
If the step son is on the records like ration card etc she could claim
Rajendra K Goyal
(Expert) 29 July 2017
If step mother has filed the case the person can oppose the claim on merits. Should proceed through his lawyer to save his interest.
If father expired intestate, he should lodge claim in property taken away by both the brothers. Mother can also claim.
Advocate Suneel Moudgil
(Expert) 29 July 2017
well advised by the experts, further, Yes, she can file case from city where she resides
Advocate Bhartesh goyal
(Expert) 29 July 2017
Yes ,step mother can claim maintenance. from her step son.She can file case from the city where she resides.
DV victimmmm
(Querist) 29 July 2017
Thanks a lot everyone for the quick reply.
The person is question is not on ration card.
As I mentioned earlier, he was not raised by the step mother since childhood
Also, I found a citation from Hon.Bombay HC saying that t\if the step mother is childless,she can claim the maintenance from step son.In this case, the mother is not childless and has 2 sons and 2 daughters.
Goyal Sir, what could be the the other things in favor of the person to oppose and fight the claim ?
Kumar Doab
(Expert) 29 July 2017
Let the mother claim from all sons and daughters.............
DV victimmmm
(Querist) 01 August 2017
@Kumar Doab SIr, could you please elaborate?
Kumar Doab
(Expert) 01 August 2017
Mother can demand from all sons and daughters.
