About crpc.127

Querist : Anonymous (Querist) 07 October 2011 This query is : Resolved
a adult child, who is styding can entitiled for maintaince from his landlord and industristlist father? because court pass order for maintaince in2004, and now the child is above 18years, so his father apply in court u/s crpc 127 for reject the order? any legale option for child for his livehood untill he able to earn him self?

Follow Query

Report Abuse

ajay kumar mishra (Expert) 08 October 2011
Mr.Anonymous,
Major child is not allowed to get maintenance from his father. In your case court has no option save and except to allow the petition u/s 127 crpc. ( My opinions are subject to correction of Respected senior Advocates)

prabhakar singh (Expert) 08 October 2011
Your right to maintenance stands to end on the date of your majority,mr. ajay kumar mishra is correct.

Arun Kumar Bhagat (Expert) 08 October 2011
I agree with Ajay Kr.Mishra.

Biswanath Roy (Expert) 08 October 2011
You do not mention whether the child received any maintenance immediately after the court's order in 2004. So the correct opinion cannot be given. However, If the child as a spouse received maintenance that cannot be taken away without any further order of the court.

Govind (Expert) 09 October 2011
As per section 125(b) Cr.P.C. maintenance to legitimate or illegitimate minor child and

As per section 125(c) maintenance to legitimate or illegitimate major child(if child have nay physical or mental abnormality or injury to maintain itself

if the major child come under part (c)of 125 then court don't allow u'r application
But if major child come under Part (B) then
127 (1) change in circumstances court alter the maintenance

Case law:- K. Sivaram vs. K. Mangalamba 1990 CrLJ 1880 (AP)

Guest (Expert) 09 October 2011
Application of the father is maintainable, as the beneficiary becomes ineligible for maintenance, not having continued to be covered under the provisions of sec.125 CrPC due to attainment of majority.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now