25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

chandrakant (asst cdr)     21 October 2011

Should husband of age78 pay maintanace allownce to his wife

My aged Uncle(78) is farmer. His wife left him with 2 daughters in1974. She asked him maintanance allow in 1984, and got courts favour to get maintanace allce RS 1000 per month. The case is under section 125 (to the best of my knowledge). Uncle is weak, depressed and unable to farm and earn (presently dependent on me). One of his daughter is died and other is in private job(both married and are with husband).

By law, should a weak, aged person pay the maintanace allownce if he is unable to earn and dependent on other person (and not on his next of kin)?

Is there judgement (for/against) in any of such case ?

Can the court allow him to sell the heridatory farm/landing property  to pay the dues ? 



Learning

 40 Replies

Tajobsindia (Senior Partner )     21 October 2011

@ Author

S. 125 CrPC in narrated briefs have many many tricky interpretations all the way from SC down to various State HC's level and…….


1. The uncle in question has two legs and two hands. I am not asking about condition of those limbs. Right !


2.
The uncle and aunty it seems from the brief are not yet divorced and or re-married. Right !


3.
The uncle has some piece of agriculture land on his name. Right !


4.
Due to advancing age uncle is not titling his farm land. Right !


5.
The nephew is harvesting from the land and profits (outcome) from farm produce is (probably partly) shared by uncle and nephew which inferences out from the brief. Right !


6.
The one out of two surviving daughter left in hands of husband before desertion is now married and living with her husband. Right!


Now when applied above facts the law in S. 125 CrPC will filter out as follows if any case reaches floor of Magistrate (or Family Court as S. 125 CrPC can be handled by Family Court now a days too where such courts established);


A. A Married daughter should look after maintaining her father when the land is barren and not tilted for a worthwhile yield as per briefs stated facts. He should claim maint. from his married daughter which is in consonance as per SC / various State HC’s binding precedent(s).


B. A wife who is incapable to look after herself at this advance age (which is obvious if uncle is 78 yrs.) and not again re-married then she can always apply to a
Magistrate Court for raise in earlier awarded maint. award under ‘change of circumstances’ clause of S. 125 CrPC. Here it is that the land earns some profits (means some agriculture produce it brings every harvest by your titling of it is it not so). Thus after due necessasities of senior citizen uncle and the person who has soiled it the left out shall be shared and given to incapacitated wife who is not re-married and is not yet divorced also.


C. There is no need to sell land and give share to wife in cash as there is no legal compulsion for your uncle to act so. All he has to declare when challenged is how much the farm land yearly yields and after his share and your share rest should go to his wife that is what remedy as per my views is all about. Now she can take the yield of the land either in kind or equivalent in cash as uncle is also incapacitated to run to nearest market to sell the same and give her cash as per 'demand'.



Side gyan: Here your Uncle when approached advance age should have willed his land to you and incapacitated himself long time ago. He further should have asked his married daughter to provide maint. to him. Further you should have honestly after executing his transfer of land to you should be regularly paying him kind / cash to look after him and he was not supposed to have paid any maint. even under change in circumstances at this stage. Here if this would have happened then old age wife  would have been forced to seek maint. from her married daughter which is also binding Law of the land as interpreted by SC as well as various HC’s. But then situation is different if this case as of today hence above para A till C is possible way out for all parties to rest claims in peace at such advance age for a simple fact that some land (cultivable) is still there as bone of contention with aged husband.! 

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 October 2011

Simple Answer - YES

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     22 October 2011

Dear Chandrakant

the age is not barred in 125 Crpc maintinance is a right of the women,

Mr, Sonee is right yes

1 Like

(Guest)

Why dont your uncle tell to bring your aunty back so that each of them have a support of he other?Is reunion is possible then ask maintenance from daughters                                                              

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                    (if leagl provision is there ...ask my papaji)

1 Like

Tajobsindia (Senior Partner )     22 October 2011

Originally posted by :goodgirl ....and loving it!!!!
" (if leagl provision is there ...ask my papaji) "

Aaab yaha itani besharam to ho gayi hon to dum maar kar puncha karo public forum mei aur aab lo jo punch woh neche likha hai padh lena besharmi se time miley toh.........



S. 125 (1) (d) CrPC
is a provision in Indian Law whereby a Magistrate or APJ / PJ of a Family Court as the case may be can Order children to make a payment of monthly allowance as maintenance to their parents (father and or mother)


Relevant extracts from few Judgments of Hon'ble SC and various HC's have pronounced following major decisions;

Held - Father and mother must be unable to maintain himself or herself to claim maintenence from son/daughter.


Held - Fulfilment of parental obligation is not a pre-condition to claim maintenance to claim maintenence from son/daughter.


Held - Daughter is laiable to pay maintenence


Held - Adoptive mother can claim maintenence from son/daughter.


Held - Step-mother can claim maintenence from son/daughter.


Held - Applicaiton for maintenence to be filed by both/either parent where the son/daughter lives.


Now here are short re. to Judgments where above Rule were laid as judicial pronouncements to follow :-


1. Step mother can claim maintenance
Re.: Kirtikant D. Vodadaria Vs. State of Gujarat and anothers 1996 (4) SCC 479


2. Adoptive mother can claim maintenance
Re.: Badan Alias Madhav Dagadu Dange Vs. Parvatibai Dagadu Dange 1978 CriLJ 1436


3. Daughter is liable to pay maintenence to parents
Re.: Dr. Mrs. Vijaya Manohar arbat Vs. Kashiarao Rajaram Sawai & Another AIR 1987 SC 1100


4. In case daughter / son challenges that parents didnot fulfil parental obligations then Law in hand says parental obligation is not a pre-condition to claim maintenance.
Re.: Pandurang Bhaurao Dabhade Vs. Baburao Dabhade and another 1980 CriLJ 256


ta ra rum pum pum...........

1 Like

(Guest)

Hi main mar jawa!! itna guchssschaa???

But I know where to pinch to extract the desired legal advice from you besharmi se;).

You did not reply gaury because she did not react on your advice.Now due to my that bracketted line u wrote so much.Thank u soo much..

 

 

 

 

 

2. Adoptive mother can claim maintenance
Re.: Badan Alias Madhav Dagadu Dange Vs. Parvatibai Dagadu Dange 1978 CriLJ 1436

 

 

 

 

 

 

what about aDoptive father;)???

 

 

(Asking besharmi se:P)

Zeeshan (Hidden)     22 October 2011

Originally posted by :goodgirl ....and loving it!!!!
"

You did not reply gaury because she did not react on your advice.Now due to my that bracketted line u wrote so much.Thank u soo much..
"

 

 Ha ha , Aaj pata chala guruji se answer fetch karne ka tareeka.................


(Guest)

Ha ha

 

 

How comical!:D

 

Hey goodgirl !I really like you because of your sense of humour


(Guest)

Thanks Princess...

have u noticed one thing.?

Someone changing party???;)


(Guest)

yes I did.

 

Chachaji,

 

My beautiful friend has a legal query.Please solve it for her

 

My friend wants to marry her chacha's brother in law's sister's wife's sister's husband's niece's father's wife's brother's sister's brother.

 

Can she do so legally?

1 Like

(Guest)

Sorry chacha.

 

An additional detail.

 

She is another Hindu princess from Gwalior state


(Guest)

Hey Aishwarya

 

Did you really like my query which I asked from my real chacha,that you thanked me?

1 Like

Aishwarya (Teacher)     22 October 2011

yes i did like it dear..

1 Like

(Guest)

Why did you like this query,Aishwarya?:P


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query