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Raghav (Officer)     04 December 2012

Maintenance to father under section 125

Dear Lawyers;

I am seeking some guidence from you.

My father has applied for a maintenance from me and my brother @ Rs.10K from each. My father is retd. govt official and getting handome pension. Moreover, he is not supporting my mother and not taking any kind of family responsibilities. Complete pension amount with some fixed deposits, is being enjoyed by him alone. My mother didnot get any kind of support interms of financially or morally. We just didnot bother my father, thought let him enjoy his money. Now me and my brother are taking the complete responsibility of the family including our sister marriage, repayment of house loan etc.. 

Now, I have received court notice that my faather has filed a case for maintenance from both the sons.

Please advise.


 15 Replies

stanley (Freedom)     04 December 2012

As your father is availing pension he would not be entitled to maintanence . Since as per the senior citizens act section 4 states that a senior citizen who is unable to maintan themselves than only does it comes under preview of the act . As for your father he would have to provide for your  mother that is if she has no income of her own and than go ahead and tell your  mother to  file a case of maintanence against the father  and he would see newtons third law of motion into action nd would have to pay her maintanence ;)

As you have received a court notice you would have to appear and file for dismissal of the case putting forth your fathers pension and other savings on record .

1 Like

Tajobsindia (Senior Partner )     04 December 2012

1. Bring his pension along with Pay Commission arrears records r/w call for his bank statements further r/w call for FD interests on court records and thus get disallowed maintenance under S. 125 CrPC.
2. Also file respectively affidavits of liabilities as said in brief and also annex a proof affidavit from your mother that both son's are looking after her welfare and her own husband does not contribute to her welfare – living expenses inspite of he getting regularly pension r/w FD interests.

Now let Law take its own course.


1 Like

Raghav (Officer)     04 December 2012

Thanks Stanley and Tajobsindia for your suggestions.

As I live in Delhi and the case is filed in Karnataka, it is very difficult to make my presence due to busy schedule during year end (which is crucial in our company). During the first presence in the court, my advocate has taken my vakalat, and now for next hearing, the lawyer sai, my presence is required. 

Is it compulsory to make my presence physically?

We have checked with my father's bank for pension a/c and FD interest details but the Bank has refused to disclose it. Is there any way to get the details from bank? 

Please guide.

Tajobsindia (Senior Partner )     04 December 2012

Wait; the S. 125 CrPC application if filed by parents then it is filed at place where children live. Now if you say to us that you and your brother lives in some place other than Karnataka (local court) then it is not admisible. That is very first "preliminary objections on maintainability" which you should discuss with your local lawyer and file on next date of hearing.

Law r/w catena of Judgments are very clear on Jurisdiction point of view unless I missed something in your second brief.



1 Like

rajesh (asdadad)     04 December 2012

can a husband file for dismissal of the 125 case putting forth his wifes current salary records , old , emails to her old boss giving details of job acceptance and joining on specific date . In sept 2010, wife's salary was 10k as per her salary slip and leaving tht job it was 12k in may 2011 and her current salary may b 15k . Husband's salary is 24800, but currently he is unemployed as he lost the job due to mental torture after wife left him and aborted thr 1st child. Marriage is 1.6 yr old of which 7 months is separation . Divorce case is filed by wife . No other cases hv been filed by any side . . Reasons for Divorce mentained in petition . . A lawyer notice asking wife to return back ,sent by husband and some forum posts by husband under a false ID . .wifes lawyer notice had warned husband nt to send any further notice otherwise they wud go to court and again askin a divorce citing the same forum posts by husband . . . Husband didnt send any further notice nor filed any RCR , CASE . . Can husband ask court to dismiss the case as he didnt send any notice and besides tht he doesnt want a divorce rather can he appeal the court to ask wife to join d husband . . . Husband isnt ready 4 MCD also . .is it true tht to file MCD , 2/1 yr separation is necessory . .

sagar (student)     04 December 2012

This case is totaly in your favour non of the court will accept this terms if a senior citizen cant work or have no rather then other income  to maintain him or themself only that senior citizen is libale for maintenance the court will ask your father will be asked question not for  maintaining  your mother of the income receiving to him...............


1 Like

rajesh (asdadad)     04 December 2012

sum1 plz reply my query also. . I hv been askin since a lng time in my own threads and in various threads . . . Plz reply me

sagar (student)     04 December 2012

Mr rajesh your question is out of subject make it in short point to point for solution.....................

Avnish Kaur (Consultant)     04 December 2012


1 Like

rajesh (asdadad)     05 December 2012

can a court dismiss wife's fake divorce case and direct her to join d husband?

Raghav (Officer)     05 December 2012

Dear sagar, Rajesh, Avinash and tajobsindia;

Thank you very much for the responses. I checked with my lawyer at the local court in Karnataka, he didnot mention anything about these and not listening to the above comments which I discussed. I understand he is colluded with my father and uncles and want to continue the case for long. I am also afraid, he may weaken the case from our side by not providing the pension, FD documents.

May I request you all, how to get the pension document whne bank is refusing to disclose? from the state treasury office how to get the details? 

Is it advisible, if I change m lawyer at this point of time? if yes, do I need to take any no-objections from my current lawyer?

Please suggest.

Tajobsindia (Senior Partner )     05 December 2012

1. Application for maintenance to be filed where the son / daughter lives, Hon'ble SC in ref.: Vijay Kumar Prasad Vs. State of Bihar & Ors. [2004 AIR 2123] held;



"It is to be noted that Clauses (b) & (d) of sub-section (1) of S. 126 relate to the wife and the children under S. 125 of the Code. The benefit given to the wife and the children to initiate proceeding at the place where they reside is not given to the parents. A bare reading of the Section makes it clear that the parents cannot be placed on the same pedestal as that of the wife and children for the purpose of Section 126 of the Code.


As noted by this Court in several cases, proceedings under S. 125 of the Code are of civil nature. Unlike clauses (b) & (c) of S. 126 (1) an application by the father or the mother claiming maintenance has to be filed where the person from whom maintenance is claimed lives"


Now read simple wordings of Hon'ble SC expressing Jurisdiction in S. 125 CrPC matters when parents (mother or father) file for maintenance from their children at link;




2. You should on very first occasion raise question of jurisdiction otherwise later you will come back here again and again if any adverse Order passed against you. It is not only important to change advocate but is the first do activity at this stage is my view. You can file vakalatnama of a new Advocate who has knowledge of above Hon'ble SC binding Law instead of continuing with present advocate who seems not to know what is Jurisdiction in S. 125 CrPC when parent (mother or father) files for maintenance from their children.  

3. Regarding details of documents asked in your queries a simple Application under S. 91 CrPC is filed and called for from such and such Authorities complete records of PF / FD / Bank Statements etc.

But before jurisdiction question is decided by present Karnataka Court one should not file above Application otherwise any Order that is announced by this Court becomes non-Applicable for a simple reason Court should have jurisdiction to take and announce its Order in a Case. 

[Last reply]

sagar (student)     10 December 2012

Dear Raghav

If u go to a court...and apply for a laywer cort will appoint u a amicus curiae (a friend of a court) he will help u the best......

there is nothing to get afraid go to ur laywer and ask ur file....................

Raghav (Officer)     26 December 2012

Dear Lawyers;

Thanks for all your support and advice.

Now, my father has filed a complaint/FIR on me , my mother and sister that, we have cheated him by doing false gift deed from him. Actually, he himself did the gift deed in my name and I should pay his housing loan. I have the documents of paying back housing loan. Today the police came to my home, where my mother alone resides. I am scared and now moving to my native to respond to the Police. I would request you, kindly let me know, will such kind of FIR will affect my career? and my family?. After providing the documents to police will they settle it down or they will forward it to the court?

Need your help please.

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