125 crpc maintenance to mother

Querist : Anonymous (Querist) 19 October 2011 This query is : Resolved
thanks to all the experts for their giudance and advice.

but want some more clarifications.

'b' the mother of 'a' is getting a family pension of Rs. 4000/- per month.
'a' is a govt servant.
'a' is appointed on compensatory grounds after his fathers death at the age of 18.
'b' did not want to stay with 'a' and ordered 'a'to getout of house with his wife at the instigation of her daughters.
'a' out of love for his mother is living in a rented house with his wife and daughter seperately allowing his mother to stay in his own house.

'b' is staying in the house being purchased by 'a'.
'a' has provided all the necessities of life to 'b' and is taking care of 'b'

'a' on the other hand the net salry of 'a' being Rs. 11,500/- per month.
'a' has to pay rent of Rs. 2,500/-, daughters school van charges of Rs. 500/- and postal life insurance of Rs. 1400/- per month from his net salary other than the day to day expenses.
'a' has to maintain himself, his wife and his daughter.

is 'a' liable to pay maintenance to 'b' when she is getting family pension and 'a' is taking care of the necessities of 'b' under 125 crpc.

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Devajyoti Barman (Expert) 19 October 2011
In the current circumstances A is not liable as B is already getting enough pensionary benefits for herself.

However if the Magistrate so wishes he may award her a token maintenance of around Rs 1000/-.

ajay sethi (Expert) 19 October 2011
repeated query

prabhakar singh (Expert) 19 October 2011
repeated query

Shastri J.K. (Expert) 19 October 2011
Yes ,repeated query

Sankaranarayanan (Expert) 19 October 2011
YES I DO AGREED WE ANSWERED IT ALREADY

Sailesh Kumar Shah (Expert) 19 October 2011
You have post query again after some alterations, however opinion is same.

Shonee Kapoor (Expert) 20 October 2011
It would depend on these factors also, but the magistrate is empowered to grant maintenance to your mother.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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