Sec 125 of crpc
Neeraj Kumar Giri
(Querist) 01 April 2014
This query is : Resolved
Dear Experts,
Kindly give your opinion in the below mention case.
If a boy whose mother died in 1992 while giving birth to him and after the demise of his mother, his father who is a businessman had his 2nd marriage and from his step mother he has a step brother, now after such a long period his father is refusing to maintain him and refusing to give education expenses and other basic needs because his step mother is creating pressure on his father, as his father is having sufficient property and liquid money, now the question is, can he file a case under section 125 of Crpc on his father for claiming maintenance or distribution of property because his father had transferred his maximum properties to his step mother,is it admissible in Court of Law.
M.Sheik Mohammed Ali
(Expert) 01 April 2014
yes, you can file maintenance case against your father, but you are not mentioned your age and working or study.
Neeraj Kumar Giri
(Querist) 01 April 2014
Respected Sir,
Age is 22 Years and studying in B Com 2nd Year. Now can the case will stand in case, as it is a matter of a boy who grew up without any love and natural needs, and faced lots of mental harassment from the father and step mother.
Nadeem Qureshi
(Expert) 01 April 2014
Dear Mr. Giri
the case u/s 125 of Cr.P.C is not maintainable against father because the son is major and father is not liable to maintain him after getting majority.
so as per my opinion he can not claim maintenance from his father.
the question related to property if there is any ancestral property or his mother's property then only he can claim otherwise not.
Feel Free to Call
Nadeem Qureshi
(Expert) 01 April 2014
Read Section 125 of Cr.P.C carefully
125. Order for maintenance of wives, children and parents.
(1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
1. Subs. by Act 45 of 1978, s. 12, for" Chief Judicial Magistrate" (w. e. f, 18- 12- 1978 ).
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself, 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: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means. Explanation.- For the purposes of this Chapter,-
(a) " minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875 ); is deemed not to have attained his majority;
(b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month' s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such
Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife' s refusal to live with him.
(4) No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.
Devajyoti Barman
(Expert) 01 April 2014
A male person beyond the age of 18 years can not take benefit of section 125 crpc.
Rajendra K Goyal
(Expert) 01 April 2014
well advised, agree with the expert Devajyoti Barman ji.
ajay sethi
(Expert) 01 April 2014
agree with nadeem qureshi
Neeraj Kumar Giri
(Querist) 02 April 2014
Dear Experts,
Is there any other option to claim maintenance as the case is of a boy who is suffering from last many years and he has grew up with lots of mental torture from his step mother and his own father, And the boy is studying in B Com, then in this case is there is no option to allow him to secure is future. Is there is no remedy to claim the properties of his father, because it is clear case of partiality because of Step Mother.
V R SHROFF
(Expert) 02 April 2014
hE TOLD HIS AGE SAYING "HER MOTHER DIED IN 1992"
sO HE IS adult, AND CANNOT CLAIM UNDER ANY MTN ACTS.. 125/18/DV/24 or any;
Unless his guardian claim on grd of HP..MR
[ that too mot avalb as study in college......]
