Madhya Pradesh HC: Step father is not liable to maintain his step children

As per the said section, it reveals that the legislative stress is on his wife, his legitimate or illegitimate child or his father or mother. When the stress is on the word 'his', it obviously means that it would include only the person who procreates, begets or brings forth offspring. It will not include a child of another father or mother of another person.

10. In the present case, non-applicant No. 2 is the daughter of 1st marriage of non-applicant No. 1 and not of the applicant, therefore, the Family Court has erred in awarding the maintenance to non-applicant No. 2.

11. The Punjab and Haryana High Court in the case of Annu Bala (supra) in para 4 and 5 has held as under:-

"4. Perusal of the relevant provisions referred to above reveal that legislative stress is on his wife, his legitimate or illegitimate child or his father or mother. When the stress is on the word 'his', it obviously means that it would include only the person who procreates, begets or brings forth offspring. It will not include a child of another father or mother of another person. 

 IN THE HIGH COURT OF MADHYA PRADESH (JABALPUR BENCH)

Criminal Revision No. 704/2015

Decided On: 05.07.2018

Pradeep Jain Vs. Manjulata Jain Modi and Ors.

Hon'ble Judges/Coram:

Vandana Kasrekar, J.

Citation:MANU/MP/0248/2018.

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Whether name of step father can be entered in birth certificate in place of biological father?

Thus, from the above, it transpires that even if there is a divorce between biological parents of the petitioner, in the presence of the biological father, the step-father of the petitioner cannot give the petitioner in adoption with his biological mother. Even under Section 8 of the Hindu Succession Act, 1956, the step-son is neither Class-I nor Class-II heir.

Thus, from the aforesaid discussion, it transpires that correction in the Birth Certificate in the Register of Births and Deaths of the adoptive parents can be made if it is proved to the satisfaction of the Registrar, that too in accordance with the other terms and conditions mentioned in Section 15 of the Act but the entry of a step-father, replacing the name of the biological father in the Birth Certificate maintained under the Act, cannot be made.

Punjab-Haryana High Court

Baljit Kumar vs State Of Punjab & Ors on 4 May, 2016

CWP No.3560 of 2016 (O&M)

Citation:2016(5) ALLMR(JOURNAL)59
                                  

CORAM: Hon'ble Mr. Justice Rakesh Kumar Jain

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