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Rohit Verma (Engineer)     02 October 2022

Case for maintenance of son from mother

My wife left our son in my custody when he was just 3 months old. My mother (Grandmother of the child) is taking care of my son since he was 3 months old (From year 2017). I filled sec 125 crpc for maintenance for my son in August 2018, who was 1.5-year-old at that time. The interim order was passed against my wife for payment of interim maintenance of Rs. 7000 in Feb 2019. My wife and I are government employees having decent salaries. Since then, my wife always made some excuses in delay the payment of maintenance for 3 years (2019 to 2022). In 2019 she has accepted in her cross of 498A case that she had denied for taking back our son in police station and she also denied taking back our son in front of a judge in the same case (498A case). When she could not succeed in her cases, So to put more pressure on us. She filed a case for custody of our son in Feb 2020 (three years after when she left her son in my custody).
Now, in 2022, she has gone to the High Court for a stay and cancelation of this interim maintenance order. She says that the minor son cannot ask for maintenance through his father in section125 CRPC and as she is a natural guardian of her son, so he should be handover to her immediately. The court has accepted her request and has given a stay on payment of her maintenance order. Our son is now 6 years old, and My question is “Can a minor son ask for maintenance from his mother (Government Employee) through his father in section 125 CRPC? Is it not the prime duty of both parents to maintain their children? Please give your comments.


 5 Replies

Eknath SHEGAR   02 October 2022

If father is not able to maintain himself and his child, aslo if mother is government servent, mother is bonded for the issue of maintenance to children

Advocate Bhartesh goyal (advocate)     02 October 2022

Yes, it is prime duty of parents to maintain their children, in case both father and mother are earning persons then both have to bear  proportionally maintdnance awarded by court.

kavksatyanarayana (subregistrar/supdt.(retired))     02 October 2022

Yes.  I agree with the advice of the above learned experts.

P. Venu (Advocate)     05 October 2022

It has been held by the Supreme Court in the case of Padmaja Sharma vs, Ratanlal Sharma that Mother has to share maintanence of the Children in the ratio of her earnings to the father/husband.

Rohit Verma (Engineer)     06 October 2022

I have filled a case in 125 crpc for maintenance of my son in 2018. she says in her plea at highcourt that in 125 crpc a son can not ask maintenance from earning mother through his father (legal guardian). 

“Can a minor son ask maintenance from his mother (Government Employee) through his father in section 125 CRPC?

Kindly clarify.

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