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HI’m stuck in a messy situation and need help finding real court cases as precedents where maintenance to a mother was denied.
Here is my story:
* My abusive mom left our house 4 years ago to be with her lover and stole ₹10 lakh from my dad.
* She’s now claiming 50000/- maintenance from me under Section 125 of the CrPC
* She’s already getting 5000/- interim maintenance from my dad under Section 24 of the Hindu Marriage Act. The judge ordered this despite all the video, image evidence as well as testimony from all my siblings that we submitted for her adultery, violence, and theft.
* She also filed a false domestic violence case against my dad, but prima facie the court found no proof of violence from him.
* As the truth is that she is the violent one—verbally and physically abusing and fighting with me, my dad, and my sisters constantly when she was living with us.
* We got an injunction order against her from entering our house after she left because of her threats to kill my younger sister; the court approved it, and her appeals got rejected.
* The judge even pointed out she was misusing domestic violence laws in the injunction order.
* I have an elder sister (29) and a younger sister (16); custody of my younger sister was given to my dad (final order still pending).
* My parents’ divorce case is ongoing too.
* Before leaving, my mom kept pressuring my dad to sell our house and give her ₹50 lakh—fights happened almost every day. For which we have filed an extortion case, which is ongoing.
* We’ve got solid evidence: 40 hour-long videos, photos, and her police station statement admitting she stole ₹10 lakh. Plus we have countless NCRs,Police Complaints that we have filed against her because of Physical and Verbal abuse.
* Now she’s coming after me for maintenance—I’m her son, 28, earning ₹1.2 lakh/month at a company.
* Her actions caused a 4-year gap in my career post graduation and I’ve only been working again for 1.5 years, and she’s demanding ₹50,000/month from me.
* I need legit court cases to cite as precedence to fight this—asking AI apps isn’t helping since they keep giving me fake cases that don’t exist. Hence trying my luck on Reddit.Any real case references would mean a lot!
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HNAL
Hello, sorry for what you are going through.
Yes, a mother/father can claim maintenance from their son/children under Section 125 Cr. P.C. provision.
There are only two conditions which need to be fulfilled for this
A) the father or the mother are unable to maintain themselves.
B) the person from whom the maintenance is claimed must have sufficient means and yet does not maintain the father or mother.On point A since your post only mention, she is getting interim maintenance of ₹5000/- from your dad and she is not yet divorced but not whether she is working/have her other source of income, she may claim that interim maintenance is not enough to maintain a sufficiently decent life.
On point B, since you do mention you are earning around 1.2 lakh/per month, it means you do have sufficient means.
Remember it will be a summary proceeding and not a full trial under Section 125 Cr.P.C. court is only concerned with the point A and B and nothing much beyong that.
Please read this article to get a better understanding of the provision.
You would need to understand under which condition this section allows fro the parent to claim maintenance and what has been the interpretation of the courts.https://www.lawasitis.com/judgments-section-125-crpc-maintenance-of-parents/
Since you may already have a lawyer in other cases, you can consult them for better clarity on law. They will also do the needful research.
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