Important Point – Court could order a step-parent to pay child support.

J.B. Pardiwala, J.

1. By this petition under Article 227 of the Constitution of India, the petitioner calls in question the legality and validity of the order dated 30.03.2015 passed below Exhibit: 6 by the learned Principal Judge, Family Court, Bhavnagar in the Criminal Miscellaneous Application No. 124 of 2014, by which, the learned Judge was pleased to grant interim maintenance in favour of the stepdaughter for an amount of Rs. 3,000/- to be paid by the petitioner to the respondent No. 2, who is the grandfather of the stepdaughter of the petitioner.

2. An interesting question of law arises in this petition. Whether a minor stepdaughter is entitled to claim maintenance under Section 125 of the Code of Criminal Procedure, 1973 (for short, 'the Code') from her stepmother on the demise of the natural father of the stepdaughter.

3. The facts giving rise to filing of this petition may be summarized as under:

3.1 The son of the respondent No. 2 herein, namely, Prakashkumar Sarvaiya married with one Ashaben Manjibhai on 09.02.1998 and in the wedlock, a baby girl, namely, Jahnvi was born. On account of marital dispute, they preferred a Hindu Marriage Petition No. 32 of 2003 under Section 13 of the Hindu Marriage Act before the Court of the learned 2nd Joint Civil Judge (SD), Bhavnagar, for dissolution of the marriage with consent, and pursuant to the decree of divorce dated 16.12.2003, the marriage was dissolved and they both got separated. However, the custody of minor daughter Jahnvi was taken by her father, namely, Prakashkumar.

3.2 After divorce, Prakashkumar married for the second time with the petitioner herein on 18.12.2005 according to the Hindu rites and rituals. Unfortunately, on 25.03.2006, the said Prakashkumar passed away and the custody of Jahnvi remained with the petitioner herein.

3.3 The respondent No. 2, the father of Prakashkumar, preferred an application being the Miscellaneous Criminal Application No. 75 of 2008 in the Court of the District Judge, Bhavnagar under Section 7 of the Guardian and Wards Act for the custody of Jahnvi. The learned Additional District Judge, Bhavnagar was pleased to allow the said application and handed over the custody of Jahnvi to the respondent No. 2 herein (the grandfather) till she attains majority. The responsibility of her upbringing and education was agreed to be shouldered by the respondent No. 2 herein.

3.4 Thus, after the order, referred to above, the custody of Jahnvi is with the respondent No. 2 herein (parental grandfather).

3.5 It appears that the respondent No. 2 herein filed an application on behalf of Jahnvi being Criminal Miscellaneous Application No. 124 of 2014 (Exhibit: 1) before the learned Family Court at Bhavnagar under Section 125 of the Code, praying for an amount of Rs. 12,500/- per month for the maintenance of Jahnvi from the petitioner. Along with the said application, the respondent No. 2 herein also filed an application for interim maintenance (Exhibit: 6) for an amount of Rs. 11,000/- per month.

3.6 The learned Principal Judge, Family Court, Bhavnagar, vide order dated 30.03.2015, partly allowed the said application and directed the petitioner herein to pay an amount of Rs. 3,000/- per month towards the interim maintenance from 05.06.2014.

3.7 Being dissatisfied with the order passed by the Court below, the petitioner has come up with this petition.

4. Ms. Bhavini Jani, the learned advocate appearing for the petitioner submitted that the learned Judge committed a serious error in passing the impugned order. She submitted that under Section 125 of the Code, a stepmother is not obliged to maintain or pay the maintenance to her stepdaughter born in the wedlock of the first marriage of her husband. Ms. Jani submitted that while handing over the custody of Jahnvi to the respondent in the proceedings under the Guardian and Wards Act, the learned Judge had observed that all the benefits, which had accrued in favour of the deceased Son, should be given to the respo