CrPC 125 advice
Querist :
Anonymous
(Querist) 16 September 2010
This query is : Resolved
Sir,
1.I am having one more query ,What will be in the case if son did not have any interaction with father due to some cases going on in the court from the birth of son till the current earning age let say 25 or 30 i.e. they did not even seen each other , first time they both seen each other in court after 20-25-30 years and father is asking for maintenance by filing as case CrPC 125.Will court do not consider this issue. ??
2.If father is only giving Rs 150 as maintenance to the mother and one son till the approximately 28 Years, and he did not turned back after the death of his one daughter in the age of only 4.When son become elder and start earning let say Rs 20000 then what you feel from your experience, whether father is entitle to claim maintenance from son let say Rs 10000 ? All this is even when mother maintenance case is in the court to decide.All above discussion regarding CrPC 125.
3.If we mix query 1 & 2 i.e. father is paying Rs 150 as interim amount according to court order to pay Rs 150 till the wife CrPC 125 maintenance case decision.Birth of son took place at father of mother home.That is father has interaction with son via court case of mother, practically father has zero contribution in the son development or growth.Now when son starts earning, father is claming Rs 10000 per month via CrPC 125 case on mother and son.
Kindly suggest what should be the son action for father CrPC 125 maintenance case ??
Regards.
AR
Adv Archana Deshmukh
(Expert) 16 September 2010
Though the father have not taken the responsibility of the son during his childhood and had done nothing for his son, even then the father is entitled to claim maintainance u/s.125 crpc, if he is unable to maintain himself.
s.subramanian
(Expert) 16 September 2010
Yes. I agree with Adv Archana.
Querist :
Anonymous
(Querist) 16 September 2010
Sir,
What you say on this, another advice from your expert lawyer, Is he wrong ???
1. Have you proved the contents of your query before court and has court concluded that your father has no contributed even an iota of efforts in maintaining you and further that you both have first time met in the court at the lapse of 20-25-30 years after your birth as you claimed? If yes then you are not liable for any maintenance allowance otherwise you are liable to pay i.
2. There is n comparison of time. However, it can very well be questioned that if a person is not having an income of Rs. 150/- for the maintenance of his wife and son, how can he claim such huge maintenance for him? A person is entitled for the maintenance according to his own status and act and conduct. You have not to worry in this matter.
Regards.
AR
Adv Archana Deshmukh
(Expert) 16 September 2010
I will stick to my earlier reply, because thought it is the duty of the father to bring up his child, but even if he has been negligent in it, that won't take away his right to claim maintainance from his son, if he is unable to maintain himself.
Querist :
Anonymous
(Querist) 16 September 2010
Mam,
You are absolutely right, according to the law "If father is unable then he is having right to claim maintenance."
But anything should not be absolute.Everything in the constitution is relative and according to the practical situations.
Thats why whole system is made, judges , court & advocates etc. It is not negligent , it is just playing with few lives.Having a business of turnover multi lacs, and showing fake just to reduce maintenance of wife and his own son.
It is cruelty which does not allow father to claim maintenance.Anyway you are surely more experienced then me.I just stated thoughts I am having about constitution of India and learned after few SC judgement.
Please do not take otherwise and comment on my thoughts, it might be wrong but your comments help me for new learnings.
Regards.
AR
M/s. Y-not legal services
(Expert) 16 September 2010
yes i agree with archana.. if the father is unable to maintain himself mean he can claim maitanance from his son.
Devajyoti Barman
(Expert) 16 September 2010
Father is always liable to maintain his physically incapable child for ever and in ordinary circumstances till he attains 18 years of age.
Querist :
Anonymous
(Querist) 17 September 2010
Dear All,
If father is not maintaining his child from birth to till date, what your experience say on this ?? Father is only paying Rs 150 as interim amount after the order of court in the wife maintenance.
Regards.
AR
