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...........