maintenance
KANDE VENKATESH GUPTA
(Querist) 13 December 2009
This query is : Resolved
My clients are parents. They have three sons. My clients filed maintenance case u/s 125 Cr.P.C. against elder son only ignoring the other sons as they are not having any properties. Elder son is having properties and income and neglecting to maintain parents. Elder son filed an application seeking directions to implead the other sons also as parties to the maintenance case contending that M.C. is not maintainable as other sons are not made as parties. In those circumstances, whether M.C. is maintainable? Are there any Judgments by courts stating that parents can seek maintenance from any of the child and other children may not be made as parties? Matter is urgent. Please help with relevant Judgments. Thanks in advance.
K.VENKATESH GUPTA
ADVOCATE
venkateshgupta_kande@yahoo.co.in
ph.No: 27650240/9885808021
Adv Archana Deshmukh
(Expert) 13 December 2009
It is not at all necessary to implead all the sons in a maintenance application by the parents. Though all children are equally liable to maintain their parents still it is their choice against whom they should proceed. They can choose to proceed against one or they can proceed against all. The case is fully maintainable. (A. Ahathinamiligai Vs Arumughnam, 1988 CrLJ 6 Madras)
Devajyoti Barman
(Expert) 13 December 2009
A neglected parent can claim maintenance from any particular son or daughter.
1.Bahuleyan v Kathiyayani- ILR (1978)1KER444
2.A.Ahathinamiligai v Arumughnam-1988 CrLJ 6
Raj Kumar Makkad
(Expert) 13 December 2009
The petition is fully maintainable.
Ram Ladaitey versus State of UP 2008 (1) RCR (Criminal) 754 (allahabad)
KANDE VENKATESH GUPTA
(Querist) 14 December 2009
Dear Sirs,
will you please send me the copies of the above referred Judgments, for which act of kindness I shall remain grateful,
Thanking you,
K.VENKATESH GUPTA
ADVOCATE
H.No: 1-1-16/1/2/A
JAWAHARNAGAR
R.T.C. CROSS ROADS
HYDERABAD - 500 020
ANDHRA PRADESH
PH.nO: 27650240/09885808021
venkateshgupta_kande@yahoo.co.in
Ashok Yadav
(Expert) 14 December 2009
Parents can claim maintance from any of their sons or daughtors, there is no bar. and the case law has been provided by the ld. friends.
