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Maintenance of Parents and Children

Selva Saroja v. Sasinathan (1989) Cr LJ 2032

ISSUE:

Whether a mother is responsible for maintenance of her daughter who had attained majority and who does not suffer from any physical or mental abnormality or injury because of which she was not able to maintain herself?

RULE:

Section 125 of CR.P.C. explains that a child, who had attained majority (not being a married daughter) can claim maintenance only if she is unable to maintain itself because of any physical or mental abnormality or injury.

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Maintenance of Parents and Children

Mahendra Kumar Gaikwad v. Gulabbhai 2001 Cr LJ 2111 (Bom)

ISSUE:

Whether a mother can claim maintenance from her son even if her husband is alive but unable to maintain?

RULE:

Parents can claim maintenance from their children if they are in no position to take care of themselves, and even if one parent is earning yet not sufficient enough to maintain both of them then they claim maintenance from children.

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