Can a son ask maintenance from his mother under 125 crpc

Guest (Querist) 21 January 2023 This query is : Resolved
I (father) have filed a maintenance case for my son from his mother under 125 crpc. My wife and me both are in government service.The interim order of maintenance was passed against my wife by district court in 2019. My wife has now gone to High court in 2022 for stay against this interim order stating that a son can not ask maintenance under section 125. She got the stay this interim order in May 2022. Now I want to go supreme court against this stay for vacating this stay. Kindly guide us, whether this case is maintainable in court or not ?

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A father has filed for maintenance for his son from his mother under Section 125 of the Criminal Procedure Code. While an interim order was granted, the mother obtained a stay from the High Court, arguing a son cannot claim maintenance under this section. The father seeks to appeal this stay in the Supreme Court. Legal opinions suggest a minor child can indeed claim maintenance from an earning mother under Section 125 CrPC and other relevant acts, making the appeal to the Supreme Court a viable option.

Advocate Bhartesh goyal (Expert) 21 January 2023
Yes, minor child can claim maintenance from her earning mother u/sec 125 Cr.P.C and under sec 20 of Hindu Adoption and Mainntainace Act 1956 so you may challenge H.C order before S.C.

kavksatyanarayana (Expert) 21 January 2023
Yes if the son is below 18 years of age.

Advocate Bhartesh goyal (Expert) 21 January 2023
In exceptional case major son/daghter can also claim maintenance from their parents.

Dr J C Vashista (Expert) 22 January 2023
Get the stay vacated by Supreme Court.
You must have engaged / paid some intelligent, able and competent lawyer, who is well aware about facts and circumstances of the case as well as law applicable on the subject, what is his / her opinion and advise ? Have you lost faith in your lawyer ? If so, change him / her immediately.
Why do you need second opinion and obligation of experts on this platform based on limited facts posted by you ?

Sudhir Kumar, Advocate (Expert) 22 January 2023
Given facts indicate you can move for vacation of stay.

P. Venu (Expert) 25 January 2023
In my considered opinion, it is not worthwhile approach the Supreme Court at this stage. After all, it is only a stay on an interim order!

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