Asked August 14, 2016

maintenance for father

  • 1 Answer

Respected sir, Father was not mentain his son and his wife from when borned his son now father filed case under 125 of criminal procedur code against his son.

Answer 1

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Divya Maheshwari

Well this could be divided into two parts. Firstly we will deal with the case when then son and the wife filed for maintenance from the father. If the order has been passed in the court that the maintenance should be paid to the son and wife respectively, then the father is obliged to pay the maintenance whatever the amount the court has ordered from the date order has been passed as per Section 125 of Code of Criminal Procedure. If the father hasn’t paid any amount the magistrate could, for every breach of the order, issue a warrant for levying the amount due and or imprisonment for a term which may extend to a month. Such an action is possible only when the father has failed to pay the amount for a period of one year after the order has been passed. Secondly, you need to know who can ask for maintenance. Only, a person who is not able to maintain himself can ask for maintenance and a child who is below 18 years under Section 125 of the CrPC. If your father is earning, he can’t ask for maintenance which can be employed to defend a petition for maintenance filed by the father. In case the order for maintaining the father has been passed already and you were not able to show that your father can sustain himself then the court may ask you to maintain him irrespective of the fact whether he maintained you in the past or not.

Agree Comment 0 Agrees about 5 years ago

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