Monthly Archives: November 2015

Maintenance of Parents by Son or Daughter under Section 125 of Code of Criminal Procedure, 1973

As we know there are number of cases filed by the old or dependent old parents sought for the maintenance from their sons or daughters. Our new Generation forgot about our culture and respect towards our parents. They only using their parents as source of funds but when the said source unable to giving funds then the same Sons or Daughters will throw out their parents from the house or harass them or send them in Old age homes.

Basically old age homes are one of the serious Diseases of our Society. In Legal point of view our Judicial System is trying to sought out the such problems and try to giving justice to all affect parents.

Under Section 125 of The Code of Criminal Procedure which states that:

Order for Maintenance of Wives, Children and Parents

Lets discuss about Section 125 (1) (d) of The Code of Criminal Procedure, 1973 i.e. Order for Maintenance of Parents. The section states that:
If any person having sufficient means neglects or refuses to maintain his father or mother, unable to maintain himself or herself, a Magistrate of the First Class may, upon proof of such neglect or refusal, order such person to make a Monthly Allowance for the Maintenance of his wife or such child, Father or Mother, at such monthly rate not exceeding Five Hundred Rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means. Explanation.- For the purposes of this Chapter,-

(A) “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;
(B) “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
In Short a Magistrate can order the Son or Daughter to make a payment of monthly allowance as a maintenance to their parents. Following are the exact situation where the said section is apply:
1. Application of Maintenance to be filed where the Son or Daughter lives.
2. Father or Mother must unable to maintain himself or herself.
3. Daughter is also liable to pay maintenance to her parents.
4. Fulfillment of Parental obligation is not pre-condition for claiming maintenance.
5. Adoptive Mother as well as Step-Mother can claim maintenance.
There is separate Act passed by Government to protect the interest of Old age Parents. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 in that the affected parents can file an application under section 4 which states the Maintenance of Parents and Senior Citizens.
There are number of such cases still pending in various courts of India.
In short, Parents have a Remedy against their Son or Daughter for maintain them properly.