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Roshni B.. (For justice and dignity)     17 January 2012

Parents win 5l maintenance from son who tried evicting them





The Kalyan magistrate's court recently ordered a man to pay Rs 5 lakh as maintenance to his parents so that they could buy a house. An elderly couple from Dombivli abandoned by their son, won a reprieve from the Kalyan magistrate's court, which ordered him to pay his parents Rs 5 lakh as maintenance so that they could buy a house.

Hearing an application filed by Ashok Panchal (55) and his wife Archana, alleging that their son, Vinayak, was neglecting them and had failed to maintain them, judicial magistrate first class N R Kora also asked Vinayak to drop all charges that he and his wife had filed against them.

Under Section 125 of the Code of Criminal Procedure (CrPc), a man's spouse or elderly parents can file a plea of neglect. The court has powers to direct the man to pay maintenance to his "neglected" wife or parents.



Ashok used to live with his wife and two sons, Vinayak and Vikas, in Sadguru Kripa society in Dombivli. Their flat in Sadguru Kripa society was in Vinayak's name. Vikas is mentally challenged. When Ashok retired from his job, he along with Archana and Vikas moved to Kankavali in Sindhudurg.

The elderly couple had opposed Vinayak's marriage to Megha, a divorcee, but later relented and had subsequently accepted her. According to Ashok's lawyer, Pradeep Bawaskar, Megha and Vinayak tried to evict them from their flat. First, Megha filed a case under the Domestic Violence Act. Vinayak sought his parent's eviction from the house alleging harassment.

Megha filed another case at the Vishnu Nagar police station against her in-laws and got them detained for 24 hours.

Even as the cases were pending, Vinayak sold off the Dombivli flat without informing his parents in March 2011. A political worker MNS corporator Manik Mahatre helped the elderly couple to approach the court seeking maintenance under section 125 of the CrPc.

"During the hearing, we submitted proof that the criminal cases were deliberately filed with a view to evict Ashok and Archana from the house," said Bawaskar.

Vinayak made the payment last week. "The money has enabled us to purchase a room in a chawl in the Kumbharpada area and now we are living with our younger son. At least now we have the safety of a shelter," Ashok said.


 10 Replies

sridhar pasumarthy (ADVOCATE)     17 January 2012

Dear Roshni,

Thanku for your information.

Really, its a laudable judgment.


Is the possible to buy house in 5L in Mumbai?


Every "Harrassed Husband"  Must encourage their parents to file CrpC 125 for Maintenance. ;)

It will balance the Maintenance amount to Greedy wife, It is WISE to pay money as much as one can, rather paying Greedy wives who married Over night and Dreaming of being  "Lakh-patni"

Ranee....... (NA)     17 January 2012

Summary is that... many man deny to pay maintenance ..whether be it wife or parents!


I disagree with the word "controlled" if man is controlled by woman then she will not ask for money in court.

Real lady has control on husband/son at home by love/right advice / trust ...

**Victim** (job)     17 January 2012

great great news




Every "Harrassed Husband"  Must encourage their parents to file CrpC 125 for Maintenance. ;)

It will balance the Maintenance amount to Greedy wife, It is WISE to pay money as much as one can, rather paying Greedy wives who married Over night and Dreaming of being  "Lakh-patni"


Zamer Bhai r we only money making machines?

1 Like


Old In-laws should put maintainence claim on bahu tooo .... as its her duty to look after them !! Isn't it ??



Parents are too covered under CrpC 125 However Parents have self-respect, dignity & generosity this is what the reason we see rarest of rare case of Maintenance from children for parents, although they are ACTUAL eligible and most desirable among society, Even some Idiots Neglect our parents left those stuff & believe in Karma . But we see educated, young blood & capable of earning females ask for Maintenance from their husband, besides they have given many reserved quotas, relief & Liberations. Yet they beg for Money.

Our Battered half must be questioned through our parents to maintain her In-laws parents. since she is the Legally Equal partner of their own son. and why cant ? If women in Gujrat can file compensation from Girl freind, why cant our parents ask for Maintenance from their "Earning Bahu" ;)

bhima balla (none)     26 February 2012

The only interest of woman biased laws are the wife/ DIL-that is pathetic. They even opposed the prosecution and punishment of a wife for adultery. Their motto is: protect wife/ DIL under any cost! Truly pathetic.

In the above case 5l is a small amount-however parents being parents are satisfied and not greedy like a wife/DIL. The other question is why should the cases against DIL/ son be dropped? If found at fault, why not get the entire amount they made by selling the house plus the compensation for suffering of parents, should have been awarded. And what about the other son who is mentally retarded-who takes care of him when his parents die? No arrangements for him from a greedy and criminal brother and sis in law? This judgement is only partially complete.

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