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Maintaince under sec 125 crpc

Querist : Anonymous (Querist) 22 March 2021 This query is : Resolved 
Hii If mother is receiving pension (after father death) does she entitled get maintenance under sec 125 CrPC from his son or daughter?
K Rajasekharan (Expert) 22 March 2021
The court’s authority to allow maintenance is an independent one. She is entitled to get maintenance along with pension in deserving cases.
But the amount of pension she gets will be considered by the court when granting maintenance. So it is a matter of discretion by the court based on her available sources of income
krishna mohan (Expert) 23 March 2021
Below is extract of law position: But you have moral responsibility too and take care of them.

his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means. Explanation.- For the purposes of this Chapter,-
(a) " minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875 ); is deemed not to have attained his majority;
Dr J C Vashista (Expert) 24 March 2021
Maintenance of mother is legal, social and moral responsibility of all of her sons and daughters despite the fact she is receiving family pension.


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