• Maintenance from my son who is in Canada and earning handsome salary

At present im earning about 12,000 RS /month and did remarriage in 2013 and having two children of 2.5 years of age, my ex wife was getting 4000/month as maintenance since 1998, now she claim for 7500/month, im not capable to provide 7500 / month, can i or my present wife ask for the maintenance form my son who's age is 24 years and well settled in canada, can i ask my 1st son for RS.20,000 /month to maintain all of five person i.e. my ex wife, present wife, two childminders and my self.
my mail id. [deleted]

regards,

S.Parikh
Asked 4 years ago in Family Law
Religion: Hindu

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7 Answers

Sir if your age is above 60 years of age you can claim maintenance from your son under the Senior Citizen Welfare and maintenance act from the son in case age is not above 60 then an maintenance application under crpc 125 can be filed with the magistrate sowing that you are not capable of earning.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

The law provides that if the parents are unable to maintain themselves then an application should be filed before the court and the court would make suitable provisions for the same. But your son can be compelled to provide only for you and your wife.

Regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

Court considers your income while determining maintenance amount payable by you

2) you can seek maintenance from your son under section 125 cr pc if you are unable to maintain yourself

3) your son is not bound to maintain your second wife and children born out of said marriage

Ajay Sethi
Advocate, Mumbai
87898 Answers
6207 Consultations

5.0 on 5.0

1. You are earning and has been directed to pay maintenance of rs. 4,000/- to your divorced ex-wife.

2. Your present wife can not claim any amount from her step son for her maintenance which shall have to be taken care by you.

3. So, you can not ask money from your son for maintaining your present family and also for supporting your payment of maintenance to your ex-wife.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Dear Client,

Parents can claim maintenance from children u/s 125 Code of Criminal Procedure. Not of step mother.

Can file application in court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. You can claim maintenance from your son under 125 CrPC. Maintenance is a personal right, so you can seek maintenance only for yourself and for none else.

2. Your second wife cannot claim maintenance from your son born out of your first marriage.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Since you are earning you cannot claim maintenance from your son.

Neither he is bound to maintain his step mother and step siblings.

If his own mother seeks maintenance let she do it by herself.

If your ex wife is seeking enhancement in maintenance amount you may fight it on merits.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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