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lissing perme (unemployed)     08 February 2011

Maintenance of Parent

Need a Supreme Court leading case which declared "Fulfillment of Parental Obligation is not a pre-condition to claim Maintenance"



Learning

 6 Replies

Samir Jha (Advocate)     09 February 2011

Can you provide a little more detail on the point upon which you are looking for judgment.

lissing perme (unemployed)     09 February 2011

@Samir Jha Yes sir !!! Facts is that Parent claim maintenance from son.In affadivit-in-opposition one reason for denied of maintenance to parent by son is that his  father did not did any parental duties during his growth age,which is not true ant it is malafide allegation.

Now I looking for a judgment which say that " Fulfillment of Parental Obligation is not a pre-condition to claim Maintenance"by SUPREME COURT. i.e for claim of maintenance it is the ingrediant of the section 125 of Cr.P.C that need to be established,like parent is unable to maintain himself/herself, sons has sufficient means of income.it is irrelevant whether as a parent he/she has done his/she parental duties toward sons/daughter.

Samir Jha (Advocate)     10 February 2011

" Pandurang Bhaurao Dabhade VS Baburao  Dabhade and anr. (1980 CrLJ 256 and  1980 (82) BOMLR 116)

 

This a judgment of bombay high court dealing with the same issue.

regards

lissing perme (unemployed)     11 February 2011

Thank's you sir!! actually I was lokking for Supreme Court Judgement.

lissing perme (unemployed)     11 February 2011

Thank's you sir!! actually I was looking for Supreme Court Judgement.

lissing perme (unemployed)     11 February 2011

Thank's you sir!! actually I was looking for Supreme Court Judgement.


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