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ganesh (advocate)     12 October 2010

125 cr.pc

sir

 whether a major son who is studying can get maintenance from his father for his educational expenses?



Learning

 10 Replies

Adv Archana Deshmukh (Practicing Advocate)     12 October 2010

No.

1 Like

ganesh (advocate)     12 October 2010

but i once saw in AIR Supreme court 1971 it was stated that a major son can get the educational expenses till his studies 

Adv Archana Deshmukh (Practicing Advocate)     12 October 2010

In my opinion under s. 125 crpc, NO.  If you've came accross any such decision under it or other Act,  then please quote the decision along with the name of the parties and page no. of AIR SC.

ganesh (advocate)     12 October 2010

s sure mam 

ganesh (advocate)     13 October 2010

madam would u please refer AIR 1970 sc 446. thank u

Adv Archana Deshmukh (Practicing Advocate)     13 October 2010

 

I went through the citation given by you, this judgement was passed on 20-05-1969 and is concerned with S. 488 of old crpc. Though s. 125 of the new code of 1973 is a similar provision but if you see the wordings of the section s. 125 it is clear in itself--

125. Order for maintenance of wives, children and parents,

(1) If any person having sufficient means neglects or refuses to maintain—

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority,

where such child is, by reason of any physical or mental abnormality or injury unable to maintain

itself, or

  so major son who is normal cannot claim any maintainance from the father, 

also s. 20 of HAMA is also is clear in this regard when it says that "so long as the child is a minor "

In my opinion that citation cannot be used now for by a major son to claim maintainance from his father for his studies.

1 Like

ganesh (advocate)     13 October 2010

thank u mam. but i contested a case in my home town and the magistrate also awarded maintenance to a major son towards his educational expenses. now the husband went on appeal towards the order. hence i was in search of any judgement with regard of that. if there any loophole please help me mam with any citations

m.saideswara Rao (Advocate)     05 April 2013

it is true i am also searching for judgements of Hogh Courts and Supreem Court with regard to the granting of maintaince for major son from his father beacuse it just and needed for shake of justice

m.saideswara Rao (Advocate)     05 April 2013

it is true i am also searching for judgements of Hgh Courts and Supreem Court with regard to the granting of maintaince for major son from his father beacuse it just and needed for shake of justice

stanley (Freedom)     05 April 2013

Originally posted by : ganesh

thank u mam. but i contested a case in my home town and the magistrate also awarded maintenance to a major son towards his educational expenses. now the husband went on appeal towards the order. hence i was in search of any judgement with regard of that. if there any loophole please help me mam with any citations

you must be having a very good rappo with the judge for him to pass such an order for the son who is a major :-) .


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