subharajyoti 05 January 2015

Can my mother put a 125 section on me

Hi,

My wife has put a maintenance case against me and also 498A.

Now to show more expenses on my income can my mother put a section 125 on me demanding monthly maintenance. Pls remember that my father is also alive and he is earning still.

Is this case is justifiable and can I show this expense to my case to avoid maintenance which is asked by my wife.

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6 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 05 January 2015

Dear, Yes she can .... Kapil Chandna Adv 9899011450

Jai Karan Nagwan (consultant) 05 January 2015

As per me NO, since father is earning, who suppose to maintain your mom. If you are working in Govt. Or private make voluntary contribution in EPF.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 06 January 2015

The AP./Telangana High Court has directed recently in a case of two brothers from Khammam to take care of their ailing mother and pay her a monthly maintenance of Rs 5,000.

Jai Karan Nagwan (consultant) 06 January 2015

if so father and mother must not be having their own income.

N R Dash.. (Advocate) 06 January 2015

Before the motherhood, she is the wife of your father & your father is legally bound to maintain her.

If you have sufficient proof that your fathers income is just not sufficient for survival of both of them, she can file a case of maintenance from you. However, false affidavits may go against you in the main 125 case filed by your wife. Be very very careful while choosing your way of fight.

I advise you to consult a practicing advocate & take steps as guided by him. Do not post such critical factors in a forum as a little knowledge can harm you & you only.....

3 Like

T. Kalaiselvan, Advocate (Advocate) 09 January 2015

I think you have to go by the advise rendered by Mr. N R Dash. Under the given situation, it may even go against you making all your efforts fatal to your own defense, better take proper advise from an experienced lawyer and proceed.