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Step-parent not liable to maintain child: Gujarat HC

The Gujarat high court has held that a stepmother or stepfather is not liable to maintain a stepchild because the provisions of Section 125 of the CrPC make it obligatory for kin to maintain only blood relations.

Justice J B Pardiwala acknowledged that there is no provision in law to make it incumbent on a person to maintain a stepchild born to his spouse from another partner. He said there was need for a law to look after such helpless children in the absence of biological parents.

The HC perused numerous orders of other high courts and the Supreme Court — these had relied largely on Hindu Maintenance Act, Sections 125 and 488 of the CrPC and even Hindu scriptures like the Laws of Manu — to find support for a child getting maintenance from step-parents. Section 125 of the CrPC has a provision for maintenance of a legitimate or illegitimate child but not for a child of others.

Article referred: http://timesofindia.indiatimes.com/india/Step-parent-not-liable-to-maintain-child-Gujarat-HC/articleshow/49294676.cms

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