Anish Thakur 7018812737 (advocate) 05 July 2012

Maintainace

respected members you are requested to give advice on following problem-
1.That is a widow liable to get maintainace U/S125Cr.P.C. also from his widow daughter in law who is geting the benefits of her deceased govt servant son and have another son who is alive and earning well.

the question is that is mother in law is entitled to file maintanace us125 crpc from his widow daughter in law(who is geting the pension of her deceased son) while she had one more son who is alive and settled well.

please suggest citations if any in support.

with thanks

anish thakur

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 05 July 2012

Mr.Thakur,

1. 125 leaves no doubt as to the fact that maintenance by daughter in law is not provided for in the section.

2. In a Supreme Court decision which you refer above, the court acted on the grounds of equity and went on to grant maintenance.

3. Read that deciision and see if this situations fits in.

4. In my opinion son being there it is his primarily responsibility to maintain mother.

Anish Thakur 7018812737 (advocate) 05 July 2012

Thanks Mr.Chugh for your valuable advise ,if you have any citation similar to the condition of this case, i am counsel for defendent i.e. daughter in law