Sec. 125 Cr. P.C.- Maintenance to Mother
Querist :
Anonymous
(Querist) 08 August 2010
This query is : Resolved
'A' a 2009-10 passed Law Graduate has just enrolled himself as an Advocate with Bar Council of Delhi. As per BCI's recently announced rule, a Law Graduate who passed LL.B. in 2009-10 has to pass the Bar Examination to be held on 05 December 2010 and only after passing this Exam he can practise Law . 'A'has no source of income and as per this BCI's rule he can't practise law till passing the Bar Exam. 'A' has no other source of income .'B'( mother of 'A) a widow and getting family pension ( after the death of her husband) from one of the public corporations of Govt.of India to the tune of Rs. 7,000.00 ( seven thousand) per month.
'B' has filed complaint against her son 'A' U/S 125 for maintenance by claiming that she doesn't have any source of income while 'A' is having evidence that 'B' is getting pension from the Govt.
What would be the fate of this case.
Arvind Singh Chauhan
(Expert) 08 August 2010
If A is able to prove that B is receiving such pension, B is not entitled under 125.
G. ARAVINTHAN
(Expert) 08 August 2010
easy case to prove receiving pension and not liable to pay maintenance
Querist :
Anonymous
(Querist) 08 August 2010
Thanks to all experts for their valuable opinion.After the case is over ,can 'A' file a suit for defamation against 'B' and also against one of daughters of 'B' who instigated 'B' to file such complaint for maintenace giving false affidavit before the Court that 'B' didn't have any source of Income, Furthe "A" is also in possession of evidence from the Bank that a sum of Rs. 2,85,000.00( Two lakhs eighty five thousand was tranferred to B's Account from February 2009 to January 2010.
Unbiased Advice
(Expert) 08 August 2010
I pity all those who show double standard while replying to query u/s 125 of Cr.P.C when it comes to maintenance to wife each and every Expert claim that irrespective of Wifes income Husband is duty bound to pay maintenance but when the question of Parents here every body has one opinion that if he can prove that mother has the income u/head pension he need not Pay.
This is absurd!
V.T.Venkataram
(Expert) 09 August 2010
The expert "Unbiased Advice"does not seem to understand the situation. He should understand that the son has no resource and no mother ,who has a source of income will drag her unemployed son to a court !!.
Querist :
Anonymous
(Querist) 09 August 2010
The opinion of 'Unbiased Advice' seems to be biased.Every case has to be decided on its merit ,and not as per general perception . Sometimes back the Hon'ble Supreme Court while hearing an appeal in a D.V.Act case made the observation that the "The DV Act was made considering that all men were rapist and all women were angel. So is the merit in this case. It's not like every parent or senior citizen are Angel and All children are Monster.As it was mentioned in my reply in the prsent case ' the mother was instigated and misled by one of her daughters to file a complaint against the son. The fact of the matter is that the mother doesn't like the wife of her son and in order to harass both the son and daughter in law she was motivated to file this complaint by her daughters.As being a lady she got the benefit of free legal service from the concerned Legal Service Authority.
Unbiased Advice
(Expert) 09 August 2010
All the best to you!
Instead of me and you becoming Judgemental Lets the Magistrate take the call in your case after all he is the one who understand you better.
vinjamuri ranga babu
(Expert) 09 August 2010
hi,
125 clearly shows that it is the duty of every person to maintain his parents and as well as his wife and chidlren. and further says when he is sufficient income or means and neglected wilfully then only ther persons stated above are entitled. coming to your case lis concerned though she is getting a certain sum and when it is notsufficient to meet her expendidture, then certainly she can sort of maintenacne stating all the particulars above.
bye
