Step Father Can't Be Asked To Maintain Child When Biological Father Is Alive: Delhi Court

A Delhi Court has observed that a stepfather cannot be asked to maintain a minor child when the biological father is alive.

“With regard to the maintenance of the child, this court is of the view that in the presence of biological father of the child, the step father cannot be asked to maintain the child.” Metropolitan Magistrate Neha Kheria of Tis Hazari Courts observed.

The judge made the observation while dealing with a wife's plea seeking interim maintenance for herself as well as her minor daughter from her second husband. She also sought a residential order in her favour.

It was her case that she married the man in 2015 and it was her second marriage. She claimed that he ensured her that he would take care of her needs as well as her daughter's but his attitude changed two days after marriage.

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

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 capable of maintaining herself.

“…admittedly, the complainant had already received maintenance amount of Rs.40 lacs for herself as well as for the daughter Anya from her former husband. In view of the same, the daughter of the complainant is also found not entitled to get maintenance from the respondent,” the court said.

Furthermore, the judge observed that prima facie, the woman was not only highly qualified but was a working woman and was earning Rs. 1.29 lakh per month.

The court also noted that the woman had mutual funds of Rs. 50 lakh but the said fact was not mentioned by her in her income affidavit for the reason best known to her.

“In view of the aforesaid discussion, the complainant cannot be held entitled to get interim maintenance at this stage, as the complainant found to be capable of maintaining herself,” the judge concluded.

Counsel for complainant: Advocate Rishabh Bansal

Counsel for husband: Advocates Gautam Panjwani and Himanshi Nagpal