crpc 125 query
Querist :
Anonymous
(Querist) 16 September 2010
This query is : Resolved
1. If 125 maintenance case has been filed in court from one side let say "wife" till the case has not been decided, other party same 125 maintenance will be maintainable in court or not ?
2. What minimum legal documents are required to prove the income of some b/c class businessmen like shopkeeper or whole seller ??Will TIN no with some customer receipt of business men be enough to prove the income ?
3.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. ??
4.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.
Kindly let me know the link i.e. web address of judgement if you can provide some support of judgement.
Regards.
AR
Raj Kumar Makkad
(Expert) 16 September 2010
1. No. Such petition is maintainable only on behalf of wife, children or parents.
2. Thee is no distinction community-wise while assessing the income of the respondent in the given matter. Petitioner or respondent has to prove the income on the basis of some reliable document. The receipt from customers is not sufficient to assess the actual income of a person. It depends upon case to case how to prove and which document to produce before the concerned court leading proper assessment of income.
3. 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.
4. 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.
Querist :
Anonymous
(Querist) 16 September 2010
Sir,
Thanks for reply.
If we mix query 3 & 4 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.Now when son starts earning, father is claming Rs 10000 per month via CrPC 125 case.
Kindly suggest what should be the son action for father CrPC 125 maintenance case ??
Regards.
AR
Raj Kumar Makkad
(Expert) 16 September 2010
You should put all the facts in your reply to the petition and should argue vigorously. You should prove the contents of your written statement on the basis of strong oral as well as documentary evidence.
Querist :
Anonymous
(Querist) 16 September 2010
Sir,
Thanks for you reply.
Can anybody provide me the reference of any SC ruling or judgement in this regard which make father not entitle for maintenance via CrPC 125 ??
Regards.
AR
Devajyoti Barman
(Expert) 16 September 2010
Father is always liable for the minor child. There is no escaping.
Querist :
Anonymous
(Querist) 17 September 2010
Sir,
I have attached one file which is judgement of High Court.In addition to that I also visit many sites, I found on behalf of cruelty of father on wife makes him not entitle for maintenance under CrPC 125.Cruelty could be considerd as filing fake cases against wife or husband any side ?
Not turning up of father even to see her dead even after death of his own daughter is definitely considered as cruelty.
What you people says on this ? Am I getting right or not ??
Regards.
AR
