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Sreshtha Malik   16 June 2021

section 125 crpc

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


 4 Replies

Sudesh Kumari (Advocate)     16 June 2021

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.

1 Like

Advocate Bhartesh goyal (advocate)     16 June 2021

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.

Vasundhara Singh (Student)     18 June 2021

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  

minakshi bindhani   06 October 2021

As per your query concerned!

Under Section 125(1)(c) of Cr. PC order of maintenance bestowed upon to parents if his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, because of any physical or mental abnormality or injury unable to maintain itself.

As per the law, the definition of "minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875) is deemed not to have attained his majority.

Under some exceptional circumstances a
a major child can claim maintenance from his parents as per the Indian law:

In the case of Jayvardhan Sinh Chapotkat vs. Ajayveer Chapotkat(2014)

The Court has held that a major son of well educated and economically sound parents can claim educational expenses from his father or mother irrespective of the fact that he has attained majority. This will not be the maintenance in the strict sense as contemplated under Section 125 of the Code of Criminal Procedure or maintenance as contemplated under Section under Hindu Marriage Act. 

In addition to that, In 2016 the Madras High Court Bench has held that fathers are liable to pay maintenance to children who had attained majority even if the latter were not suffering from any mental or physical abnormalities and yet do not have sufficient financial capacity to maintain themselves.

Hope it clarifies the issues!
Regards
Minakshi Bindhani

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