Stepfather cannot be asked to maintain child when biological father is alive.

Metropolitan Magistrate Neha Kheria of Tis Hazari Courts opined in a matter that a stepfather cannot be asked to maintain a minor child when the biological father of the child is alive.

While dealing with a wife’s plea in the court where she was seeking interim maintenance for herself as well as for her minor daughter from her second husband, the Judge made the observation.

The facts of the case are: she married the man in 2015 and it was her second marriage. She claimed that he promised her that he would take care of her needs as well as her daughter’s but his attitude changed totally two days after the marriage.

She further alleged that the man was also in a intimate relationship with various Indian and foreign females and expected her to be ok with the same. She also claimed that the man refused to bear even their daily expenses.

While disposing of her plea, the court observed that the woman could not be held to be entitled to get the interim maintenance at this stage as she was well capable of maintaining herself.

The complainant/Wife also got Rs. 40 lacs from her previous husband as a maintenance for her as well as for her daughter. In the view of the same, the daughter was also not entitled to get the maintenance from the respondant – The court said.

Furthermore, The judge also observed that the complainant/wife is also high educated and a working woman who earns around 1.29 lakhs per month.

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