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May 2008

Maintenance : Mother can claim maintenance against her son : S. 125 of Cr. P.C.

By Dr. K. Shivaram, Ajay R. Singh, Advocates
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8 Maintenance : Mother can claim maintenance
against her son : S. 125 of Cr. P.C.


The respondent herein is the mother of the present applicant
Rafiuddin. The respondent was divorced in the year 1973. She had no source of
income and nobody was ready to maintain her. Therefore she claimed maintenance
from the present applicant i.e., son.

The Court relying on the decision in case of Mahendrakumar
Ramrao Gaikwad v. Golbhai Ramrao Gaikwad and Anr., 2000(2) Mh. L. J. 378 (Bom.)
held that the son cannot be absolved from his responsibility to maintain his
mother; even though the husband may be alive, son is one of those persons from
whom a woman can claim maintenance u/s. 125 of Cr. P.C.

 

The mother would be entitled to claim maintenance from the
son u/s.125 of Cr. P.C., irrespective of the fact that the husband is alive.

[ Rafiddin v. Smt. Salecha Khatoon, AIR 2008 NOC 776
(Bom.)]

 


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