A childless widowed stepmother unable to maintain herself is entitled to maintenance from her step-sons.

The applicant, a 77-year-old childless widow, claimed to be the legally wedded wife of late Purushottam Soni and the step-mother of the three respondents.

She filed an application under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking maintenance of ₹20,000 per month, alleging that she had raised and maintained the respondents and that, after her husband’s death in 2021, they neglected and deserted her despite possessing and deriving income from agricultural properties connected with her and her deceased husband.

She asserted that she had no independent source of income and was dependent upon her widowed daughter for her basic necessities.

The respondents did not file a reply and were proceeded ex parte before the Family Court.

The Principal Judge, Family Court, Bilaspur, rejected the maintenance application on the ground that step-sons could not be fastened with liability to maintain the applicant.

In the revision before the High Court, the private respondents again failed to appear despite service and repeated opportunities.

Whether a childless step-mother who is a widow and unable to maintain herself can claim maintenance from her step-sons under Section 144 of the BNSS, 2023?

Whether the Family Court erred in rejecting the applicant’s claim solely on the ground that the respondents were her step-sons?

Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, embodies a benevolent remedy for maintenance of persons unable to maintain themselves.

Relying on Kirtikant D. Vadodaria v. State of Gujarat, (1996) 4 SCC 479, the Court held that a childless step-mother may claim maintenance from her step-son where she is a widow or where her husband, if living, is incapable of supporting and maintaining her.

The same principle was followed by the Chhattisgarh High Court in Deenbandhu v. Smt. Birajho Bai, 2016 (3) CGLJ 175, holding that a childless step-mother living alone and unable to maintain herself is entitled to seek maintenance from her step-sons.

The Court found that the applicant was an aged, childless widow with no independent source of income and that she claimed to have been neglected after the death of her husband.

Her oral evidence, ration card, Aadhaar card and revenue documents supported her claim regarding her relationship with the respondents, her residence with them and the agricultural properties from which the respondents allegedly derived benefit.

Since the respondents neither contested the proceedings before the Family Court nor appeared before the High Court despite due service, the applicant’s material remained unrebutted.

Applying Kirtikant D. Vadodaria and Deenbandhu, the Court held that the mere fact that the respondents were step-sons did not defeat the applicant’s statutory claim.

The Family Court therefore failed to apply the settled legal position and improperly rejected the claim solely on the basis of the step-relationship.

The High Court set aside the Family Court’s order dated 5 April 2025 and allowed the applicant’s application under Section 144 of the BNSS, 2023.

Each respondent was directed to pay ₹3,000 per month to the applicant, totalling ₹9,000 per month, from September 2026, continuing regularly until further orders or until the applicant ceases to be legally entitled to maintenance.

Any arrears accruing from September 2026 were directed to be paid in accordance with law, and a certified copy of the order was directed to be transmitted to the Family Court for compliance.