Maintenance of step children
Rajesh Tandon
(Querist) 22 February 2015
This query is : Resolved
I have searched all the laws pertaining to maintenance of Hindus, be it maintenance under Hindu marriage Act or Hindu Adoption & Maintenance Act or Sec 125 CRPC. I could not find the aspect of maintenance of step children. Though Hindu Adoption & Maintenance Act does talk of maintenance of old parent where in, father & mother can ask maintenance fom step son. So can i request the forum of experts to throw some light on following Querry.
Querry- Husband A gets divorce from his wife B from whom a daughter C was born. Post divorce custody of C given to B. If B remarries, the responsibility of A to maintain her as given in decree finishes on remarriage of B. However , what about responsibility of maintenance of daughter C by A ? if daughter C resides with her mother B and step father D. finally who is responsible for maintenance of daughter C? Does the responsibility of maintenance of daughter C rests with A (biological father) or step father D? & till what time. Request clarify with appropriate authority of law.
Devajyoti Barman
(Expert) 22 February 2015
A alone has the responsibility to maintain C , Not D.
Authority of law is not supplied here.
ajay sethi
(Expert) 22 February 2015
we dont provide citations . biological father has to maintain his daughter C
Guest
(Expert) 22 February 2015
Remarriage of divorced wife does not preclude the biological father from the liability of maintenance of daughter, irrespective of whether she lives with her divorced mother/ step father.
Legally, step father has no role to play in the issue of maintenace of daughter of divorced parents. If the step father undertakes responsibility to maintain the step daughter that can only be out of his generosity or ignorance of legal provisions.
Rajendra K Goyal
(Expert) 22 February 2015
Biological father has to maintain the daughter C. We do not provide citation.
Rajesh Tandon
(Querist) 22 February 2015
Thanks a lot every body for prompt & clear reply. Iam really grateful to you. Regards.
Guest
(Expert) 22 February 2015
You are welcom.
T. Kalaiselvan, Advocate
(Expert) 25 February 2015
Properly addressed by all experts, I agree with their views. It is the responsibility of the biological father to maintain his biological daughter if the custodian mother disowns the responsibility on her re-marriage.
Biswanath Roy
(Expert) 26 February 2015
A divorced his wife B but did not divorce C,who is his bio-logical child born out of the wed lock with B , so A has to bear all expenses of C including marriage expenses if the spouse is a girl child.
Guest
(Expert) 26 February 2015
Very well explained by Shri Biswanath Roy!
Biswanath Roy
(Expert) 26 February 2015
Thank you very much Dhingra Sahab for your appreciation.
Guest
(Expert) 26 February 2015
Biswanath ji,
You are quite welcome.
