Civil Procedure Code (CPC)

section 125 crpc


Can a major son claim maintenance under section 125 of crpc?

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Advocate

As per law female child is entitled to claim the maintenance till the female child gets married, however a  major son may claim maintenance from his father in exceptional circumstances. There are various ruling of the Hon'ble Courts, which supports this view.


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Yes, As per recent judgment of Delhi H.C ,titled as Urvashi Agarwal Vs Inderpal Agarwal, father can't deny maintenance to his major son if he is unable to maintain himself.

 
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Student

Hello!  

Section 125 of Criminal Procedure Code 1973 has laid down the provisions for maintenance of wife, children, and parents by a man. In the case of children, it is said that the father is liable to pay maintenance to the son till he attains the majority and to the daughter till she gets married. These periods can be extended if the child shows that he or she is suffering from a disability that makes them unable to earn their living. Therefore, it makes clear that in the case of sons, the father is not liable to maintenance to son once he has attained majority.  

But this, not the view of many high courts and the Supreme Court. In the case, Jayvardhan Sinh Chapotkat vs. Ajayveer Chapotka, Bombay High Court was of the view that a son from an educated and well off family is entitled to get maintenance till he completes his studies as it cannot be expected from a child to earn while he is studying and the maintenance should be paid by his father for his education and well being.  

Madras High Court and the apex court also gave rulings of the same kind where they made the father liable to maintain his son even after attaining a majority in case he is completing his education.  

Regards  

Vasundhara Singh  

 
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