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gaurav (designation)     20 December 2012

125 crpc

me,my sister and my mother are living seperately from my father since last 16 and my sister are major mother has lodged a case under 125 crpc for maintenance on my father is getting retired and has told that he will not be giving a single penny after that.before his retirement he used to give approx 1/4 of his pay.i am a student but because of this unfortunately i will have to stop my study

my question in this is that as per i listened that under 125 crpc my mother will be getting 1/3 of my father's pension but his job was not a pensionable one.for his whole job in one organization only for 32 years his pf was being collected which would be given at the time of retirement.only from the last 2 years his job is can my mother get share in his pf as his job was majorly a pf one?


 5 Replies

Munirathnam (Scientist)     20 December 2012

If your father shows his liabilities to pay that PF amount then she wont get anything. But every month your mother could get something from your father and he must arrange the same.


Leave the fight between your mother and father.... why can not you talk to your father like you speak to your friends and ask some money for your expenses. I d ono think he will refuse even after you go to him and ask money multiple times showing your need and your love on him.


If you fight by wasting his energy, peaceful life and time, he may commit sucide or may escape to somewhere for somedays to have peaceful dath at the end of old days, being the wife and child are present but are fighting hence he is not left with any other option. I pray god not to happen this and you make another peaceful effort.

Rahul Kapoor (Legal Enthusiast)     20 December 2012


if your mother is not working then your father has to maintain her.

it is not a valid ground for denying maintenance that husband is not working.

there are many citations on the same.

maintenance amount will be decided after filing of affidavit in the court.




gaurav (designation)     20 December 2012

sorry sir but when he didnt spent a single penny on me till the time he was living with us then what can i expect now from him.he used to give a very small amount of money to my mother.even at the time of admission in schools and colleges as well my mother borrowed money from others and after some time she present we three are coming in a situation of committing suicide not my father.he is living very peacefull having all the happiness.for him happiness doesnt means his wife and children for him happiness means his brothers,sisters and earlier his parents too

gaurav (designation)     20 December 2012

mr.rahul kapoor maintenance will be decided on the basis of pension or pf?

Rahul Kapoor (Legal Enthusiast)     20 December 2012

Mr. Gaurav,

on basis of his income by whatever means.

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