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Hemant (Law)     12 July 2009

Crpc 125 by parents

Hello all,

My wife is going to file maintainence shortly.I know my parents can claim maintainence from me (son) by Crpc 125. But can maintainence be filed by parents under Crpc 125 even if they are getting sufficient money by their pension? Even in a situation where the son is staying with them, can they ask maintainence from his son.Will objection be raised by opposite party if i show that i am giving maintainence to my parents already just before my wife claims maintainence??The amount left for her will be too less. PPlease



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 3 Replies

Satish (Advocate)     12 July 2009

I don't think that this theme will help you anymore. Merely it depends upon your income and the quantum of pension of your parents. If there is a major difference then go ahead.

A V Vishal (Advocate)     12 July 2009

Maintenance and Welfare of Parents and Senior Citizens Act, 2007

4. Maintenance of parents and senior citizens.- (1) A senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application under section 5 in case of—

(i) parent or grand-parent, against one or more of his children not being a minor;

(ii) a childless senior citizen, against such of his relative referred to in clause (g) of section 2.

(2) The obligation of the children or relative, as the case may be, to maintain a senior citizen extends to the needs of such citizen so that senior citizen may lead a normal life.

(3) The obligation of the children to maintain his or her parent extends to the needs of such parent either father or mother or both, as the case may be, so that such parent may lead a normal life.

(4) Any person being a relative of a senior citizen and having sufficient means shall maintain such senior citizen provided he is in possession of the property of such senior citizen or he would inherit the property of such senior citizen:

Provided that where more than one relatives are entitled to inherit the property of a senior citizen, the maintenance shall be payable by such relative in the proportion in which they would inherit his property.

The question here is whether the so called sufficient pension is really sufficient to maintain themselves, the meaning of sufficient varies according to the economic background and lifestyle of each and every person.

However, there is an Option regarding maintenance in certain cases.- Notwithstanding anything contained in Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) where a senior citizen or a parent is entitled for maintenance under the said Chapter and also entitled for maintenance under this Act may, without prejudice to the provisions of Chapter IX of the said Code, claim such maintenance under either of those Acts but not under both.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     15 July 2009

I do agree with my both friends.


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