‘Moral duty to pay’: Gujarat HC to son challenging payment of maintenance to stepmother

The Gujarat High Court turned down a 65-year-old man’s plea to stay an order directing him to pay ₹5,000 monthly maintenance to his 83-year-old stepmother. The bench held that since he had inherited property under his father’s will, he could not evade responsibility to his stepmother. 

The original order was passed by a family court in Mehsana on September 12, 2024, when the stepmother sought financial support. The son challenged the order in the high court, arguing that, the stepmother already had four daughters and lived with one of them, while he was a retired person with limited means.Moreover, he also maintained that the property he received through a will was not notarised, casting a doubt on his legal obligation to look after the woman.

However, the high court rejected his arguments. Justice Nirzar S Desai observed that technical legal points cannot outweigh moral duty, “A mother is a mother whether biological or stepmother. If you receive property, you must also shoulder responsibility.” The court added that it would be unlikely for an elderly person to file such a petition without genuine need. 

The court scheduled the next hearing for the next month.