Crpc 125 by father to his son
Javed
(Querist) 23 December 2013
This query is : Resolved
sir,
my father has claimed maintanance to me under section crpc125. he is 50 years old and left my mom. my mom is residing with me and i am looking after my younger brother and my mother. I am married. brother living with me is not earning member. We are three brothers. I am the oldest (26yrs), one brother age 22 living with my father and youngest age 18 living with me.
pls guide me how can i save my self from mainatanance to my father.
Nadeem Qureshi
(Expert) 23 December 2013
Dear Javed
if he is able to maintain himself then only he is not entitle to get maintenance.
feel free to call
R.K Nanda
(Expert) 23 December 2013
if ur father is earning then he is not entitled for any maintenance.
Rajendra K Goyal
(Expert) 23 December 2013
If your father is earning he is not entitled for maintenance. If your brother living with your father is earning, able to maintain your father and you have proofs that your father is living with your earning brother you can avoid payment.
Devajyoti Barman
(Expert) 23 December 2013
If your father is nor earning much then you can not avoid maintenance.
V R SHROFF
(Expert) 23 December 2013
if ur father have no sufficient means to mtn himself, U r bound to pay ur proportionate share to ur father .
T. Kalaiselvan, Advocate
(Expert) 24 December 2013
If your father is not having any source of income or not having sufficient income to maintain himself or that his another son living with him is not having any means to maintain your father, it becomes your responsibility to maintain him as well besides maintaining your mother.
Javed
(Querist) 02 January 2014
Dear all,
I am a government servant and my income is on paper (White money), where as my father is doing labour work in which all transaction are made in cash. i.e. no income on paper. My father is only 50 years old and he has no permanent decease and earning son living with him is also earning but his income is also not on paper. My father actually can maintain himself but he is lying that he can not. what should i do in the situation. I am looking after of my youngest brother and my mother.
Dr J C Vashista
(Expert) 03 January 2014
Mr. Javed,
1. Engage a local lawyer.
2. You are bound to maintain your parents in the given circumstances, or prove otherwise.
ajay sethi
(Expert) 03 January 2014
you are bound to maintain your father . if you are able to prove that your father is earning well and able to maintain himself then you wont b e liable to pay maintenance
Devajyoti Barman
(Expert) 03 January 2014
Sorry, you have no other option. However you can show your maintenance to other members of your family to lessen the burden towards your father.
