S. 144 BNSS | Childless Widowed Stepmother Can Claim Maintenance From Stepsons: Chhattisgarh HC

The Chhattisgarh High Court has held that a childless widowed stepmother who is unable to maintain herself can claim maintenance from her stepsons under Section 144 BNSS (Section 125 CrPC), setting aside a Family Court order that had rejected her claim on the ground that the respondents were her step-sons.

Chief Justice Ramesh Sinha allowed the criminal revision filed by the 77-year-old woman and directed her three stepsons to pay her ₹3,000 each per month, amounting to ₹9,000 per month in total, from September 2026.

Woman sought ₹20,000 monthly maintenance

The applicant claimed to be the legally wedded wife of late Purushottam Soni and the stepmother of the three respondents. She had approached the Family Court, Bilaspur, under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (Section 125 CrPC), seeking ₹20,000 per month as maintenance.

She stated that the respondents, who were sons of her deceased husband, had lived with her since their birth and that she had brought them up and maintained them until they attained majority. She further claimed that they had taken care of her during her husband's lifetime.

The woman, aged about 77 years, claimed that she had no independent source of income and had been neglected and deserted by the respondents after her husband's death in 2021. She was then residing with her widowed daughter and depended on her for basic necessities.

She also alleged that the respondents were in possession of and deriving income from agricultural properties belonging to her and her deceased husband, but had failed to provide her maintenance. The respondents did not file their reply before the Family Court and were proceeded ex parte.

Family Court rejected maintenance claim

The Family Court, Bilaspur, rejected the application on April 5, 2025, holding that the respondents, being the applicant's step-sons, could not be fastened with liability to pay her maintenance under Section 144 of the BNSS (Section 125 CrPC).

Challenging the order, the woman's counsel argued before the High Court that the fact that the respondents were her step-sons could not by itself defeat her maintenance claim, particularly when she was a childless widow without an independent source of income.

Reliance was placed on the Supreme Court's judgment in Kirtikant D. Vadodaria v. State of Gujarat and Another, which held that a childless stepmother may claim maintenance from her stepson where she is a widow or where her husband, if living, is incapable of supporting and maintaining her.

‘Step-Son’ relationship does not bar maintenance claim

The High Court agreed with the applicant's contention. Referring to the Supreme Court's ruling in 'Kirtikant', the Court noted that "a childless step-mother may claim maintenance from her step-son where she is a widow or her husband, if living, is incapable of supporting and maintaining her."

The Court further observed that "the relationship of step-mother and step-son does not by itself bar a claim for maintenance under the benevolent provisions governing maintenance."

The High Court also relied upon its earlier judgment in Deenbandhu and Another v. Smt. Birajho Bai, which had followed the Supreme Court's principle and held that a childless stepmother living alone and unable to maintain herself is entitled to claim maintenance from her step-sons.

Applying the principle to the present case, the Court held: "The said principle is squarely attracted to the facts of the present case, where the applicant is an aged, childless widow, has no independent source of income and claims to have been neglected after the death of her husband."

Family Court's finding held unsustainable

The High Court found that the Family Court had failed to properly appreciate both the material on record and the settled legal position concerning maintenance claims by childless stepmothers.

The Court specifically held: "The finding of the learned Family Court that the respondents, merely because they are step-sons, cannot be fastened with any liability to maintain the applicant, cannot be sustained."

The Court noted that the applicant was 77 years old, a widow, had no independent source of income and was dependent upon her widowed daughter for basic necessities.

It also noted that the respondents were financially capable and were deriving benefit from agricultural properties which, according to the applicant, belonged to her and her deceased husband.

Three stepsons directed to pay ₹9,000 monthly

Considering the applicant's circumstances, the High Court held that she was entitled to maintenance. The Court observed: "Having regard to the advanced age of the applicant, her status as a childless widow, her inability to maintain herself, the absence of any independent source of income and the obligation of the respondents to provide her financial support in the facts and circumstances of the case, this Court is of the considered opinion that the applicant is entitled to maintenance from the respondents."

It fixed the maintenance at ₹3,000 per month from each of the three stepsons, totalling ₹9,000 per month, from September 2026.

The Court held that the amount of ₹3,000 from each respondent, totalling Rs.9,000/- per month, would be just and reasonable in the facts and circumstances of the present case.

The respondents were also directed to pay any arrears accruing from September 2026 onwards and ensure that the monthly maintenance is paid regularly without default.

The High Court accordingly set aside the Family Court's April 5, 2025 order and allowed the maintenance application under Section 144 of the BNSS (Section 125 CrPC).

Case title : Sanakaiya Bai v. Bhishan Prasad And Ors

Date of Order: August 25, 2026

Bench: Chief Justice Ramesh Sinha