Need legal advice on crpc 125 mother vs son

You are talking as if you dont want to pay money to your wife.  Its your mom, pay her money to help her in old age.

1. The claim of senior citizen mother is rightly put under S. 125 (1) (d) CrPC from son who has means being his wife (i.e. her DIL) earning hand too.

2. Further the wordings of the query draws legitimate inference of refusal on son's part to maintain her old mother.

3. The question of duty of mother as alleged is highly misplaced as she is not bound by S. 125 CrPC intent and object as her statutory claim for maintenance of mother, as envisaged under S. 125(l)(d), Cr. P.C. is not dependent on her having discharged parental obligations during the childhood of the petitioner

3.1. The son is simply scratching his old scars. He is unmindful that because of his mother he has been to this world today.

4. The status of mother i.e. her husband alive inter se as mentioned in brief is also irrelevant for deciding the claim of mother under S. 125 (1) (d) CrPC. 

A right of wife for maintenance is an incident of the status and a legal obligation to maintain his wife, while, the obligation to maintain the aged parents (both father and mother) is personal in character and arises from the very existence of the relationship between the parties.  It is moral duty of a person to maintain aged parents, virtuous wife and infant child.

 It is to be noted that the statutory claim for maintenance of mother, as envisaged under S. 125(l)(d), Cr. P.C., 1973, is not dependent on her having discharged parental obligations during the childhood of her children.

A reference, with profit, can be made to Pandurang v. Babura, 1980 Cri LJ 256 (Bombay). 
24. In this case the father was the claimant. The son from whom maintenance was claimed raised a plea that the father had not cared him and his younger brother and had married second time after death of their mother. It was specifically contended that he was brought up by maternal grandfather and then by aunt. The Division Bench of this Court negatived the plea raised by the son and has held that the obligation to maintain an aged, infirm parent, who is unable to maintain himself or herself does not at all depend upon fulfillment of the parental obligation to maintain and bring up the children during the childhood of the children. The son cannot, therefore, ask to be relieved from the statutory obligation on any such moral considerations. 

This moral and emotional earthquake of the son is capable doubt that the parents can claim maintenance from anyone or more of them. The choice is given to the parents. It is not the choice of the non-claimant. It is the choice of the claimant which is relevant. In this behalf I would like to refer a case decided by Madras High Court, reported in 1986 Cri LJ 6 (A. Ahathinamiligalv. Arumugham).

Somewhat similar situation had arisen before Madras High Court. An application by parent was resisted by son on the ground that besides himself, respondent in that case had other sons and daughters and some of whom were earning and were living with the respondent. The single Judge of the Madras High Court negatived the objection of the son and observed in (para 10) :-- 

When an order of maintenance is passed against anyone under S. 125 it is not to punish that person for the past neglect or failure to maintain. The object is merely to prevent starvation of the person in whose favour the order is passed. The procedure has been simplified under S. 125 so that the cumbersome procedure that has necessarily to be followed in enforcing a civil right of maintenance may be avoided

Thank you all for your inputs.

The case here is that mother is greedy in nature has been asking huge amount of money as maintenenance equivalent to 100% of the monthly salary of the daugher in law. There has been multiple attempts made to ask her to come back and live with her husband, son and DIL in the same house and son will maintain her like he is maintaining his father (her husband) but under the influence if her brother, she wants to stay alone close to her brother in a different city and need a huge chunk from what the son and DIL are earning.

She was given a separate room while she was living with us, seperate TV, furniture etc while she did not get along with her husband to ensure there is no conflict. In the influence of her brother, she has taken all all ameneties and now is asking huge amount which will impact the son & DIL financially big time.