125 crpc maintianance to mother

Querist : Anonymous (Querist) 18 October 2011 This query is : Resolved
'b' widowed, mother of 'a' is recieving family pension of Rs. 4000/- per month. 'b' is staying in the house of 'a'.and 'a' is taking care of the expenses of 'b'. 'a' is a govt servent.'a' net salary being Rs. 11,500/-. 'a' is married and living with his wife and daughter in rented house, the rent of the house being rs. 2,500/- per month.'b' at the instigation of her daughters has filled a case under 125 crpc claiming maintainance of rs. 8,000/- per month from 'a'stating flasely that she has no source of income and that her son is not taking care of her. is 'a' liable to pay maintainance to 'b' even when she is receiving family pension which is sufficient for her well being.

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Arun Kumar Bhagat (Expert) 18 October 2011
If the aforesaid facts are true then 'b' shall not get any maintenance from her son.Maintenance is not granted for living luxurious life.

ajay sethi (Expert) 18 October 2011
if your mother has made a claim for maintenance you have to mention all facts to the court . the fact that your mom is receving family pension of rs 4,000/ and that the mother is staying witht he son and all her expenses are bing met by son . court will then consider these facts while passing order

Advocate Bhartesh goyal (Expert) 18 October 2011
Experts are right if mother is receiving family pension of Rs 4000/ p.m then she is not entitled to get any maintenance.

Shonee Kapoor (Expert) 18 October 2011
In the present circumstances, mother should not get any maintenance.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Biswanath Roy (Expert) 18 October 2011
I agree with Mr. Sethi.

prabhakar singh (Expert) 18 October 2011
UNLESS SHE IS ABLE TO ESTABLISH THAT 4K IS NOT SUFFICIENT FOR HER LIFE COST AND SO LONG YOUR INCOME AND EXPENDITURE IS AS YOU HAVE TOLD SHE IS NOT EXPECTED TO RECEIVE ANY MAINTENANCE FROM YOU.

IF SHE HAS FILED THE 125 PETITION ON INSTIGATION OF YOUR SISTERS AND IF THEY ALSO HAVE INCOME OF THEIR OWN THEN THEY ARE ALSO LIABLE TO MAINTAIN HER.YOU NEED TO FILE A PROPER REPLY IN THE COURT.

Sailesh Kumar Shah (Expert) 19 October 2011
I go with views of Shri Prabhakar Singh.

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