Stepsons liable to pay maintenance to stepmother

In a precedent-setting decision, the Gujarat high court has ruled that a stepmother is entitled to a monthly maintenance from her stepchildren if she does not have a biological child capable of taking care of her.

Justice Akil Kureshi has directed each of the three stepsons of Nirmala Sukhawani to give her Rs1,500 as monthly maintenance.

Sukhawani had sought maintenance for herself and her daughter, who is mentally challenged and has cardiac problems. While delivering the order, justice Kureshi termed the case as ‘unfortunate’.

“This is an unfortunate case of three able-bodied sons of an unfortunate mother, who have resorted to legal proceedings to deny paying maintenance,” said justice Kureshi, rejecting an application moved by the trio.

Sukhawani’s stepsons had challenged the order of the family court of Ahmedabad that had directed them to pay Rs1,500 each. They had contended that they were not liable to pay maintenance because they were not Sukhawani’s biological sons.

However, the high court said, “They [the stepsons] have a legal responsibility to maintain their mother. Considering the totality of the facts and circumstances of the case, when the court has assessed the average monthly income of each family at Rs5,000, the direction to pay Rs1,500 therefrom to the mother needs no interference.”

Sukhawani, 50, had married one Gunvant in Gandhidham in Kutch district. Gunvant had three sons from an earlier marriage. Gunvant and Sukhawani had a daughter. Sukhawani and her daughter were kicked out of the family home by the three stepsons after Gunvant’s death.