Maintenance to Parent -- Father Having Rental and Business Income -- Claim not sustainable under S.125 CrPC where father not living in vagrancy or destitution
(i) Criminal Procedure Code, 1973, S.125 -- Maintenance to Parent -- Father Having Rental and Business Income -- A father cannot claim maintenance from his son under Section 125 CrPC merely on the ground of neglect or deprivation of moral and family support. Where evidence shows the father possesses rental and business income and is not living in vagrancy or destitution, the statutory requirement for maintenance is not satisfied, regardless of the circumstances of the relationship between father and son. (ii) Criminal Procedure Code, 1973, S.125 -- Maintenance to Parent -- Object of Maintenance Proceedings -- The object of maintenance proceedings under Section 125 CrPC is to prevent vagrancy and destitution, and not to punish a person for past neglect. Courts must confine the enquiry to whether the statutory requirements for maintenance are established, and not to whether the claimant has been morally neglected by his children.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
