125 cr pc citation of cases if petitioner have immovable porperty
S P Goel
(Querist) 03 October 2012
This query is : Resolved
Respected sir,
I am petitioner and filed a case u/s 125 cr pc for maintenance from my son.
I have immovable property ( flat ), court asked me give citation of cases where such situation was there, then the court will accept the case and will send the notice to my son.
Court agreed - house can not be given on rent,I am unempolyed, I cannot maintain myself, , son is earning Rs 2.25 lacs per month.
Kindly give your expert advice, references of cases and citation of such cases where petitioner of 125 cr pc have flat/immovable property and oblige.
I have been getting opinion from you and helped me a lot, please send maximum reference of cases and oblige me , sir
With best regards and thanks
S P Goel, Delhi
09810101999
ajay sethi
(Expert) 03 October 2012
it is moral duty of a person to maintain aged parents, virtuous wife and infant child. In discharge of this pious duty, Manu went to such an extent that he made hundred misdeeds pardonable.
section 125 (1)(d)
(1) If any person, having sufficient means neglects or refuses to maintain --
(d) his father or mother, unable to maintain himself or herself.
it is necessary that you should be unable to maintain your self . youhave not mentioned your earnings or how much pernsion you are getting if retired .
order for maintenance would depend upon facts of the case
a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct :
V R SHROFF
(Expert) 03 October 2012
SP Goel:
U r not Petitioner,
U r Applicant.
House for own residence is irrelevant.
As far as u have no sufficient Income to maintain ur self, u r entitled to mtn, in above case.
If u hv no adv, take help of Legal Aid.
They will do needful for citations etc.
Hope u will get enough.
Pl note, There is no such Limit of Rs. 500/-. {Rs. 500/- Omitted by Amendment Act,2001 wef 24-9-2001] So now no upper Limit.
It was increases to any amt, as Magistrate's pleasure, , certainly not less than 25% of Nett income of ur son. , unless he have more dependent, and you have more earning children to share ur mtn.
S P Goel
(Querist) 07 October 2012
Respected sir,
Thanks a lot, I got citation and my petition have been accepted by the court for sending notice to the respondent.
With best regards,
S P Goel
