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Maintenance case filed by father against sons under 125 crpc

hi iam an practising advocate from Telangana State,

Sir, i would like to know the jurisdiction for filing of maintenance case by the father agaist the sons under sec 125 cr.p.c.

existing judgements were favourable to children against father, wife against husband, mother against children but the same jurisdiction is not given and is not available for the father against the sons as it states that the father has to file the maintenance case where the respondent resides or from whom the petitioner claims maintenance.

Sir, i would like to know the case law citiations, if any, for filing of maintenance case by the father against sons from the jurisdiction of last place of residence of the father.

i will be thankful to you, the Senior advocate's and friends for valuable suggestions.

thanking you sir

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Originally posted by : Empelli Prakash
	hi iam an practising advocate from Telangana State, Sir, i would like to know the jurisdiction for filing of maintenance case by the father agaist the sons under sec 125 cr.p.c. existing judgements were favourable to children against father, wife against husband, mother against children but the same jurisdiction is not given and is not available for the father against the sons as it states that the father has to file the maintenance case where the respondent resides or from whom the petitioner claims maintenance. Sir, i would like to know the case law citiations, if any, for filing of maintenance case by the father against sons from the jurisdiction of last place of residence of the father. i will be thankful to you, the Senior advocate's and friends for valuable suggestions. thanking you sir

Hello Mr Prakash,

Yes parents can claim under 125 crpc 1 (d).

Central Government Act

Section 125(1)(d) in The Code Of Criminal Procedure, 1973

(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,-

No wonder, litigants are left pondering why cases wont move, why they lose cases, coz of pass mark lawyers

Attached File : 84464 20160219074308 850865083 2015 04 06 1428310549 parents can file maintenance application under 125 crpc.pdf, 84464 20160219074329 850865083 maintenance for women children parents.pdf downloaded: 319 times

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any case laws on jurisdiction point of view... kindly post

D R PRAKASH 20 February 2016

If an uncared parent is seeking maintenance, will the law approve it ?

If such parent is physically fit to do any labour job and earn livelihood, is it right to claim maintenance ?

(Guest)

If old age parents unable to maintain themselves, and the children are earning members, nothing wrong in parents asking them money from them. If they give ok. or else can ask through court also. But I prefer not going to court and that children should take care of old age parents, it is their moral duty.