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Amol (Citizen of India)     12 May 2010

Crpc 125

Hello Sirs This query is regarding Crpc 125 my 19month son has file a case against me stating that though his mother is working right now but her salary is not enough to mantain him in the future. 

" Currently natural guardian and the best friend of the Applicant herein son, the Applicant herein is engaged in the service but that salary is not enough to maintain the self and the applicant son, and as such we are living as refugee at our father’s place.

9.    the opponent is in employment in Mumbai and earns a huge salary of Rs 45000 per month The applicant son is of only one year old. In future he will need money for his medicines, education, schooling, clothing, etc expenses.and therefore this application is for the maintenance of my son.  "

I have been sending money for the maintianace of the child since jan 2009 to sept 2009. subsequent to which my wife wrote to me that "Son and me do not with to recieve financial alms from you" at this point i stopped sending money and found that all the demand drafts sent by me are still lying with her or she has refused to accept the letter containing the Demand draft also the DD accepted by her are not encashed till date.

Is this sufficient proof for showing no-negligence towards my son?



 10 Replies

Arvind Singh Chauhan (advocate)     12 May 2010

Yes you have suuficient proof.

G. ARAVINTHAN (Legal Consultant / Solicitor)     12 May 2010

Contest the case and show that your wife hoisted a false case

tufail qadri (advocate)     12 May 2010

The proof might b enough to show that u were not negligent in maintaining ur son........but under law u r duty bound to maintain ur child.......Now they have come to court seeking maintenace , and court will even make u to pay interim maintainence before going into the fulfleged trial of the case.....so u can contest the trial on the above said ground but can't escape payment......atleast at this stage.......

Amol (Citizen of India)     13 May 2010

I do not wish to escape my natural duty. monthly  i am depositing money in a bank account opened in the name of me and my son. 

but i do not wish to be a convict in crpc 125


1. In starting you mention sending DD and she not encashing them etc. Afterwards you also mention about depositing maint. amunt into bank account.
2. I feel that this is a case of "change circumstances"
3. But you have good points that is though "he" is your legitimate son but now since he has crossed 18 years he has no cause of action. Least to least you offer your help in fixing him up in a job (minimum wage wala) and tell Court why can't a 19 years old man work (even part time) and if "son" wriggles you out in the name of "higher studies" then yes it will be prejudiced under "change of circumstances" so the solution now is to fix him with a gf and or get him married off by fixing a bride for him.
4. Your DD are proofs that money has gone form you. Now it is encashed or torn into two pieces or just used as paper for burning kitchen fuel is none of your business. You also have a letter from her stating your sending money is like alms and her ego gets hurt to accept them.....(sort of it means that way form her side he he) This is also a good proof. Subsequent deposits into bank account are your next proofs which again shows "no neglact" on your part.
5. I have no other value addition to circumvent "change of circumstances" Problem her eis that interim is pime facie granted so you need to build a solid defence for prime facie stage itself. Though I raised this topic some months ago here in LCI but I could not find not many takers to further debate on it may be world over "change in circumstances in family relations past / present / future" are contentious is also my understanding. Do consult a good family court lawyer on this issue in your area who can plead the logics with facts well at prime facie stage.

Amol (Citizen of India)     13 May 2010

Hello Sir,

Thank you for your detailed reply. Son is 19months old. As soon as she refused to give me birth-certificate and refused to accept money I took out a copy from her hometown and then got the bank account opened.

My area is Vadodara and unfortunately I have encountered lawyers who just want me to stand on my knees and beg for money from people and pay my wife despite having a clear case and written documented evidence that my wife ran away from home, she is working and I have been trying to meet my son resulting in 8 assaults all registered in 2 NCs in the local police station, medical papers showing temporary hearing loss from a machine that detects hearing and numerous death threats and other threats infront of witnesses who are ready to testify before the court. Therefore I plan to take this matter up personally as I have been disappointed by the lawyers in vadodara.

Coming back to the main topic:- the ammount asked for in the petition for a 10month old child is 10,000/- this is equal to the amount that i pay my father(64)  and mother(59)  together for their maintainance as they are no longer working.

Change of circumstances is difficult to believe in my case as the letter dated 28-sept-09 states she doesn't want alms and 14th dec 09 she files a case(please correct me if i am prejudice about this statement). I would agree change of circumstance if the son had started going to school or school fees was too taxing for the mother or some health related issues or if mother looses job. Such scenarios  calls for special consideration.


Amol Khar

(I only fear of being convicted in something that i never did, I am a responsible human being and wish to live as one.) 

adv. rajeev ( rajoo ) (practicing advocate)     13 May 2010

You have got a good case, the essesntila ingredient of 125 of Cr.P.C. there shall be wilful negligence to maintain, but  in your case there is no wilful negligence by you, you are regularly paying the money.  As such contest the case by producing all the doucments related to the money sent by you.

N.K.Assumi (Advocate)     13 May 2010

Agreed with Rajeev.

S.B _Kolkata (Service)     18 May 2010

To have a proof of sending money to my wife, can a net banking transaction statement is sufficient to show before the court??

Arvind Singh Chauhan (advocate)     18 May 2010

Yes net banking transaction statement is sufficient to show before the court, but it must be attested by bank officialls. Situation may arise that you have to examine the same bank official to prove the authenticity of document.

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