AI Overview...
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Claim of being compelled to sign promissory note - The defendant alleged duress but the court did not accept this; the stepmother, as administratrix, admitted to a Rs. 700 claim and signed a promissory note for Rs. 300, indicating her acknowledgment of debt prior to April 8, 1881. The court examined the accounts of the deceased and the stepmother, suggesting a recognition of the claim and signing under circumstances not deemed as duress. Samuel Pillai VS Ananthanatha Pillai - Madras
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Stepmother's claim for maintenance and legal entitlement - Under Section 125 of the Criminal Procedure Code, a stepmother can claim maintenance from her stepchildren, and it is within her discretion to choose whom to claim from. Past cases show stepmothers successfully claiming maintenance through court decrees, which often impose charges on properties or income. The law recognizes her right irrespective of her status as a biological mother or stepmother, and she cannot be compelled to claim from specific individuals first. AHER DEVSI NATHA VS RATHIBAN NATHUBHAI - Gujarat, Commissioner Of Income Tax, Bombay City VS Sitaldas Tirathdas, Bombay - Supreme Court, GANGA SHARAN VARSHNEY VS SHAKUNTALA DEVI - Allahabad
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Stepmother's inability to claim certain benefits or rights - In specific contexts such as Kashmir's Compassionate Appointment Rules, a stepmother cannot claim entitlement during her husband's lifetime or under certain legal provisions, especially if her claim lacks legal merit or is filed under duress. For example, during her husband's lifetime, Meenu Kumari's claim was considered devoid of legal merit, and similar claims by other stepmothers have been rejected when not supported by legal grounds. Kamlesh Kumari VS State of J&K - Jammu and Kashmir, Kamlesh Kumari VS State of J&K - Jammu and Kashmir
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Impact of circumstances and legal recognition - Cases highlight that a stepmother's departure from the marital home, often compelled by circumstances, does not necessarily imply desertion or guilt, and her claims for maintenance or benefits are recognized if supported by legal procedures and evidence. Courts have also issued directions to prevent undue compulsion in such claims, emphasizing legal protections for stepmothers. AMBUJAM VS T. S. RAMASWAMY - Delhi, B. S. Deepa VS Regional Passport Officer - Madras
Analysis and Conclusion:
A stepmother can claim maintenance and certain legal rights, provided her claim is supported by proper legal procedures and not made under duress. Courts have acknowledged her entitlement under statutes like Section 125 Cr.P.C., but specific benefits such as compassionate appointments may be denied if claims are not legally merited. The cases collectively emphasize that while a stepmother's claims are recognized, they must be substantiated and made without coercion or illegitimate pressure.
Search Results for "Stepmother can Claim Compelled"
1883 0 Supreme(Mad) 53 • India - Madras
KINDERSLEY, KERNAN
Defendant alleged that he was compelled by duress to sign the promissory note, but the Judge does not believe this. ... Previous to and on that day defendants stepmother, the administratrix of the deceased, admitted the claim of plaintiff for Rs. 700, and defendant admits that she signed on that day a promissory note to the plaintiff for Rs. 300, part of that claim. ... (before the date of the note, 8th April 1881) the accounts of the deceased and of the defendants stepmother were looked into. ... There....
1972 0 Supreme(Del) 123 • India - Delhi
HARDAYAL HARDY, PRAKASH NARAIN
Thus, the appellant was compelled to leave the marital home and the common roof that she shared with her husband. ... Finding an opportunity to get away and forced by the circumstances, the appellant left Chittor and came to Delhi to her stepmother ... Thus, the appellant was compelled to leave the marital home and the common roof that she shared with her husband. ... In such cases it is not the spouse who has been compelled to leave who would be guilty of desertion but the spouse whose action or conduct has resulted in ....
1945 0 Supreme(Nagpur) 20 • India - Nagpur
FREDERICK GRILLE, HEMEON
Their claim for a declaration that Rani Tara Moti had not become absolute owner of 19 villages of the Dilheri estate, Narsinghpur ... Their claim for a declaration that Rani Tara Moti had not become absolute owner of 19 villages of the Dilheri estate, Narsinghpur ... deed of gift was permissive and in Rani Tara Moti's behalf and did not affect the appellant's right of inheritance as also their claim ... If, he continued, the rajah died having two widows, the estate went to the senior ; if he left a mother and stepmother ....
1991 0 Supreme(Guj) 8 • India - Gujarat
J.N.BHATT
Criminal Procedure Code, 1973-Sec. 125-Claim for maintenance by step mother-Grant of. ... It is within her discretion to claim maintenance from all or any one of them, of her choice. ... ... It is the right of the mother to claim maintenance from all or any ... Therefore, it cannot be contended that the mother should claim maintenance under Sec. 125 of the Code first, against the real sons or against affluent sons. Could she be compelled to claim from all sons or first from real sons ....
1960 0 Supreme(SC) 302 • India - Supreme Court
J.C.SHAH, J.L.KAPUR, M.HIDAYATULLAH
There, the stepmother of the Raja had brought a suit for maintenance and a compromise decree was passed under which the stepmother was to be paid Rs. 1,100 per month, which amount was declared a charge up on the properties in the hands of the Raja, by the Court. ... On further appeal, the Tribunal observed: ... "This is a case, pure and simple, where an assessee is compelled to apply a portion of his income for the maintenance of persons whom he is under a personal and legal obligation to maintain. ... In the present case the decree of th....
1989 0 Supreme(All) 433 • India - Allahabad
S.R.BHARGAVA
The court also noted that the Parliament intended to give facility to helpless persons to claim maintenance at the place where they ... ... ( 4 ) BEFORE proceeding further it may be mentioned that one of the contentions raised on behalf of the revisionist was that a stepmother cannot claim maintenance under S. 125, Cr. P. ... If the destitute or vagrant mother is compelled to institute proceedings only at the place where the son resides. she may not at all be in a position to persue her case. ... C. entitles not only th....
1997 0 Supreme(SC) 774 • India - Supreme Court
D.P.WADHWA, S.C.AGRAWAL
so in the present case – It must, therefore, be held that the Tribunal was right in taking the view that the assessee could not claim ... cases is that when a person pays his debts or maintains his wife or children or anybody else whom he is obliged to maintain, the expenditure incurred in such cases will be application of the assessees income and not diversion of the income at source if he does not pay what he should have paid and is compelled ... This claim of the assessee was turned down by the Income-tax Officer as well as by the Appe....
2015 0 Supreme(Mad) 117 • India - Madras
V.RAMASUBRAMANIAN
with certain directions both to Union of India and to respondents herein so that persons similarly placed like petitioner are not compelled ... Maintenance Act, 1956 - Section 12 – Constitution of India, 1950 - Article 7 - Issue a passport - Dissolved by a decree of divorce – Claim ... file any appeal or revision against decree attained finality - Petitioner is having custody of minor child for past without any claim ... However, if the stepfather or stepmother is appointed by a Court as legal guardian, the name of such ....
2018 0 Supreme(J&K) 777 • India - Jammu and Kashmir
TASHI RABSTAN, GITA MITTAL
Kashmir (Compassionate Appointment) Rules, 1994-Explanation (d) to Rule 2-Compassionate appointment-Entitlement-Step-mother cannot claim ... Meenu Kumari has also placed on record the fact that during the life time of her husband in the year 2010, she had been compelled to file a petition under Section 488 of Cr.P.C. titled Meenu Kumari vs. ... The claim set up by her, to our mind, is completely devoid of legal merits. ... We propose to consider the claim set up by Smt. Kamlesh Kumari and Shri Tilak Raj. We may first and....
2018 0 Supreme(J&K) 849 • India - Jammu and Kashmir
GITA MITTAL, TASHI RABSTAN
Kashmir (Compassionate Appointment) Rules, 1994-Explanation (d) to Rule 2-Compassionate appointment-Entitlement-Step-mother cannot claim ... Meenu Kumari has also placed on record the fact that during the life time of her husband in the year 2010, she had been compelled to file a petition under Section 488 of Cr.P.C. titled Meenu Kumari Vs. ... The claim set up by her, to our mind, is completely devoid of legal merits. ... We propose to consider the claim set up by Smt. Kamlesh Kumari and Shri Tilak Raj. We may first and....
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