Maintenance For Parents & Dependents- U/S-125 Cr.P.C.

• Maintenance For Widowed Daughter-in-law

  A Hindu wife shall be entitled to be maintained after the death of her husband by her father-in-law. She, however, could not lay such claim of maintenance if she is able to maintain herself out of her own earnings or other property.

  Maintenance For Aged Parents, Daughter & Other Dependents

  A Hindu is bound, during his or her lifetime, to maintain his or her aged or infirm parents. The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends insofar as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property. The "parent" includes a childless step-mother. The "dependants" means the following relatives of the deceased: his or her father, his or her mother, his widow, so long as she does not re-marry; his or her son or the son of his predeceased son, so long as he is a minor:

  Amount of maintenance

  The amount of the maintenance shall be purely the discretion of the Court. In determining the amount of the maintenance the court shall have due regard to the following considerations, namely,

  1. the position and status of the parties;

  2. the reasonable wants of the claimant;

  3. if the claimant is living separately, whether the claimant is justified in doing so;

  4. the value of the claimant's property and any income derived from such property, or from the claimant's own earnings or from any other source;

  5. Any other relevant fact and circumstance

  The captioned subject is complex by its very nature. We, therefore, always encourage our visitors & Clients to seek an independent legal advice by our empanelled lawyers. In such Cases, our lawyers devise most appropriate legal recourse for our Clients after examining the related provisions of law, i.e The Code of Criminal Procedure, 1973, The Limitation Act, 1963, The Evidence Act, 1872, Other relevant Acts & Judgments and Citations of the Hon’ble Supreme Court Of India and the High Courts. Even otherwise, the question as to how to apply the laws, judgments and citations is rather more complex, as it involves a thorough examination of substantial laws, procedural laws and Court precedents in a given set of facts and circumstances.

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