CrPC 125

Querist : Anonymous (Querist) 18 September 2010 This query is : Resolved
Sir,

If the father's cruelty is proved through multiple false cases in court, like dowry and other app (5-8 cases ).
In addition to that father had done another marriage prior to the marriage with the son's mother from whom father is asking for maintenance, and prior wife has been set to fire due to dowry.Prior wife's son is now of approximately 35 years old and maintaining the business of father. But father with all false assumption is asking the maintenance from the son when multi type of cruelty has been proven in form of false cases.

Now my question in this situation--

Is father is allowed to claim maintenance from the son with whose mother the cruelty has been proven already in the court and they have zero interaction in between i.e. they both even didn't see each other till yet?

Kindly suggest in this regard if some SC ruling or any judgement you have please give me the reference.

Regards.

AR

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Khaleel Ahmed (Expert) 18 September 2010
Yes father is allowed to claim maintenance from his son if he have no sufficient means to maintain himself.

Devajyoti Barman (Expert) 18 September 2010
The son if major and earning is liable to maintain his son.

adv. rajeev ( rajoo ) (Expert) 18 September 2010
I go with both learned members answers.

virender (Expert) 18 September 2010
i agree

Querist : Anonymous (Querist) 18 September 2010
Dear Mr. Barman,

Kindly explain,what do you mean here by the word major."The son if major and earning is liable to maintain his son."

Dear All,

http://nyayayodha.blogspot.com/2010/07/no-proof-of-cruelty-leads-to-no.html

I request you to visit above link.

After this my question is "if cruelty is an essential factor to prove for taking maintenance from other party then the person whose cruelty is already proven in court How can he entitle to claim the maintenance "??

Regards.

AR

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