My family is going through a tough time, and I’m facing a legal challenge I need help with. I’ve been living separately from my parents for the past three years due to a family dispute. Sadly, this led to a public break in our relationship and they’ve even filed a maintenance case against me under Section 125 CrPC. They filed this in December 2015, and I responded with my lawyer in January 2016, providing all the necessary documents. Unfortunately, I lost my job in May 2016 and haven’t been able to find work since. Despite explaining this to the judge and showing him my termination letter, he ordered me to pay them interim maintenance of 20,000 Rupees per month. My father is financially well-off, but he’s declared a very low income, even less than a daily wage worker. I’m wondering if parents who are financially secure can still receive maintenance from a jobless son?

Apni Law
Apni Law
Law Forum › Category: Family › My family is going through a tough time, and I’m facing a legal challenge I need help with. I’ve been living separately from my parents for the past three years due to a family dispute. Sadly, this led to a public break in our relationship and they’ve even filed a maintenance case against me under Section 125 CrPC. They filed this in December 2015, and I responded with my lawyer in January 2016, providing all the necessary documents. Unfortunately, I lost my job in May 2016 and haven’t been able to find work since. Despite explaining this to the judge and showing him my termination letter, he ordered me to pay them interim maintenance of 20,000 Rupees per month. My father is financially well-off, but he’s declared a very low income, even less than a daily wage worker. I’m wondering if parents who are financially secure can still receive maintenance from a jobless son?
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Apni Law Staff asked 1 year ago

My family is going through a tough time, and I’m facing a legal challenge I need help with. I’ve been living separately from my parents for the past three years due to a family dispute. Sadly, this led to a public break in our relationship and they’ve even filed a maintenance case against me under Section 125 CrPC. They filed this in December 2015, and I responded with my lawyer in January 2016, providing all the necessary documents. Unfortunately, I lost my job in May 2016 and haven’t been able to find work since. Despite explaining this to the judge and showing him my termination letter, he ordered me to pay them interim maintenance of 20,000 Rupees per month. My father is financially well-off, but he’s declared a very low income, even less than a daily wage worker. I’m wondering if parents who are financially secure can still receive maintenance from a jobless son?

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Best Answer

Apni Law Staff answered 1 year ago

Under Section 125 CrPC, parents can claim maintenance from their children even if they are financially secure, but the court considers the financial circumstances of both parties. As you’ve lost your job, you should argue for a reduction in interim maintenance based on your present financial hardship and your father’s actual financial capacity, presenting evidence to support your claims.

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