Suchi 02 July 2018

Maintenance under crpc 125 - mother and son

My mother in law (mil) has filed a case of maintenance under crpc 125 against her son (my husband). Background is such that after marriage MIL started creating problems and picked up fights with me for petty reasons. I and my husband confronted her and tried to resolve but to no use the fights continued to such an extent that MIL said, you give me 7k and I and FIL will go to our native and stay (owned housed). I and my husband were not agreeing as we were not in a position to financially handle to separate homes as we were staying on rent. We tried convincing them to stay together but MIL was adamant – she said give us monthly allowance then I don’t want to see your faces. Even after going back to native – fights continued over money as she started lying to us on expenditure and in way asking for more money. We continued giving them money as per our affordability. But she did not agree and filed a case against my husband asking for 15K pm. The case went through many mediations but did not come to any conclusion. In between we were not present for hearing for one day – On that day giving false information on husband’s salary – she got the order of 10K maintenance passed. Now she is demanding 10K. She has also passed an order for arrears which has gone to 2,20,000. And also passed an arrest warrant for non-payment of arrears. We are not all in a position to give her 10K as I am not working and my husband is the sole earner. Our 1/3 salary goes on rent. Since the start after separation we have been paying her 5000, 3500, 4000, 2000 as per our affordability every month. We haven’t missed a single month though the amount could be 2000 but we have regularly paid even when the case is still on.

Her requirement is too high compared to our affordability and she is not ready to compromise on one paisa. Whatever she has written in the notice regarding my husband’s salary and that we own a 1 cr house is all false.

Please help us. How can we reduce the maintenance amount? We have already given stay and revision application to district court but nothing has happened over it.

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11 Replies

Naa Channel Naa Istam 02 July 2018

under section 125 CrPC a mother can claim maintenance from her son but finally the court will decide the eligibility of maintenance basing on sons salary.

Suchi 02 July 2018

Yes, That I am aware. But the 10K order was passed without cross questioning my husband and without asking for any salary proof. We are not denying to pay maintenance.

Naa Channel Naa Istam 02 July 2018

Please don't forget the fact that son has the obligation to take of care of old aged mother eventhough my suggestion may sound bitter to you

Suchi 02 July 2018

I guess you are not getting my point. Like I said earlier We are not denying to pay her maintenance. We are ready to look after her by giving her monthly maintenance . It is just that the money she is demanding is too high for us. We cannot afford to pay 10,000 per month.

Naa Channel Naa Istam 02 July 2018

if you violate court order court will issue arrest as the following of court order is must and should

Suchi 02 July 2018

Thanks for ur advice. I dont think so your advice is any help for me. You can leave this thread.

Naa Channel Naa Istam 02 July 2018

Thanq very much sir/madam

Naa Channel Naa Istam 02 July 2018

Thanq very much sir/madam

Raghav Arora 02 July 2018

Hi! Thanks for bringing us the question!

As per the provisions of the new ( Maintenance and Welfare of Parents and Senior Citizens Act) MWPSC Act,2017 and 125, CrPC, you are totally resposible to maintain your parents reasonably and in case she has obtained some order, as you are alleging, through false statement and misrepresentation, you can challenge the order in the higher competent court proving your case or disproving her. The impugned order can be challenged in the competent/higher court and the the impugned may get quashed. Depending upon the order of the last court and understanding of the higher court, the present order to pay 10 k and 2,20,000/- may get stayed.

Good Luck!

(Guest)

Few imbeciles give advice which will further deteriorate the situation. You please post your problem in experts section free of cost to get real legal advice free of cost from experienced advocates.

depressedbyall (proprietor) 25 July 2018

1. Challenge order in higher court 2. Take a free legal aid services of court or ngo foe women 3. You are talented search some partime job or home tuitions too can be best option . 4. Think about the actual person who fueled your mother in law 5. Lastly as you sow so shall you reap.