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Fulfilment of parental obligation is not a precondition to c

 

Fulfilment of parental obligation is not a precondition to clam maintenance

 

 Having considered the provisions of section 125(1), it is clear to us that they do not contemplate that the obligation to maintain an aged, infirm parent who isunable to maintain himself or herself can be enforced only if it is preceded by the fulfilment of the parental obligation to maintain and bring up the children during the childhood of the children.
13. The argument which is advanced before us stems more from amoral indignation at being required to maintain a father who has not cared for the children during the time when he should have done so. However, effect must be given to the intention of the legislature which must be found from the words ofsection 125(1) alone and the petitioner cannot ask to be relieved form the said statutory obligation on any moral considerations.
 
Bombay High Court
Pandurang Bhaurao Dabhade vs Baburao Baburao Dabhade And Anr. on 18 April, 1979
Equivalent citations: (1980) 82 BOMLR 116, 1980 CriLJ 256


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