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Karthik (Sr. Manager)     28 September 2014

Maintenance claim by father

My father is 62 and my mother is 52. Recently my mother has filed 498A, DV and crpc 125 against my father due to constant physical and mental torture against her. Following that she is currently staying with me. I have the following questions:

i) Can my father file maintenance claim against me under Maintenance and Welfare of Parents and Senior Citizens Act 2007

ii) Can my father file maintenance claim against me under Cr. PC 125



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     28 September 2014

Yes, if he is not having any independent income.

Karthik (Sr. Manager)     28 September 2014

Is there I can do as a precautionary measure that disallows him to file maintenance case against me as in this case he has case against his own wife. My mother will support me in this aspect in any way. Plz advice. 

Tajobsindia (Senior Partner )     29 September 2014

Originally posted by : adv. rajeev ( rajoo )
 
Yes, if he is not having any independent income.
 

 

@ Author,

1. I confirm to above opinion of Adv. Rajeev.


2. You father can lay claim for maintenance from you under Maintenance and Welfare of Parents and Senior Citizens Act and under S. 125 CrPC subject to he not having sufficient income of his own.
 

3. From your brief there is no smell of your father having an independent income comes out, nor it says anything if you are earning an income for yourself and if so then how much and what are your liabilities, till those facts are known, I cannot reply your next above questions.


(Guest)

@querist,

 

1. I agree with Adv.rajeevs reply and strongly differ with mr.tajobs reply that your father cant claim maintenance under sec. 125 CrPc.

 

Reasoning:

 

In Bombay HC in Pandurang Bhaura Dabhade Vs Baburao Dabhade and Ors. 1980 CriJ 256=1980(82l BOMLR116

 

The HC has well defined the 125(1) CrPc In a clear way that if parents irrespective of mother or father who has no income to maintain themselves would seek maintenance from his son.

 

ESIS


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