The family court had ordered to pay alimony of Rs 8,000 per month to the woman’s own son.
Prayagraj. Allahabad High Court has said that if a mother is getting maintenance allowance from her real son, then she cannot later demand maintenance allowance from her step son also. Justice Lakshmi Kant Shukla said in an order that after receiving maintenance from her own son, the mother cannot be considered incapable of maintaining herself, in such a situation she is no longer eligible to get maintenance from any other person.
However, the court also clarified that if the responsibility of maintenance of a person is on two or more persons and he approaches the court, then it will be the responsibility of the court to decide as per the circumstances from whom and how much amount should be given as maintenance.
With these observations the court rejected the criminal review petition of a woman. The woman had requested for amendment in the order of the family court and requested for maintenance allowance from her step son also.
The family court had ordered a maintenance allowance of Rs 8,000 per month to the woman’s real son. The woman’s argument was that the subordinate court hastily put the entire responsibility of maintenance on her own son and freed her step son from this responsibility.
The woman’s advocate argued that both the sons should have been held responsible for paying maintenance. Opposing the petition, the state government and the step son said that when the woman’s real son is present and an order has already been given to pay him maintenance, then the step son cannot be held responsible for this responsibility.
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