My mother has filed a case against me under crpc 125 and asking for maintrnance. Thoug they are doing good financialy. They are doing it becade i did love marriage against there will. How can prove it in the court that they do not require maintenance?
You can tender Bank statements, income sources and proof of your father and mother in court to prove that your parents have earning capacity and can maintain themselves.
Also provide details of your other siblings if any so that burden of maintenance can also be distributed if court allow their petition
Yes you can object to the said application with evidence
Does your mother have any source of income ?
2) if your mother is not working and she has no source of income then she is entitled to maintenance
If your parents are unable to maintain themselves then only payment of maintenance is required u/s 125. Tell the truth in court.
The parents can file maintenance against their son if they are not earning and cannot maintain themselves. In yout case you should file their earnings and property which they own. That would suffice.
Regards
You will have to prove that your mother has her own sources of income to maintain herself. This is the only defence which you can take to repel her claim to maintenance
- You shall have to prove evidence in your favour ie your parents financial status, expenditure etc.
- Further your parents back side agony
parents has a right to claim a maintenance from their son only if he is employed, in your case she has already getting pension Or income, so chances are very less to get something additional, but she can claim.
File an application before court in there case seeking there bank statement and ITR on record based on same you can contest the case.
Your father is alive?
Hi
According to the said provision the parents are entitled for maintenance.
Going by contents of your post, you need to prove that they are financially sound and they do not need any support from you.
In order to prove the same, file substantial proofs pertaining to their income, source of income & their obligations.
The same if proved by you, the court will consider and negate their claim.
Good Luck.
You have to provide the documentation of their financial interest so that to contest the maintenance petition under section 125 CRPC the parents and senior citizens are protected by the maintenance of parents and senior citizen act 2007 to be maintained by the children of them physically and financially
Dear Sir,
Conditions for Granting Maintenance:
Person from whom maintenance is claimed must have the ability to pay maintenance. Ability means being employed, owning land, having a source of income or having a healthy body capable of work.
WHAT SHOULD BE THE POINTS OF DETERMINATION, THE COURT SHOULD CONSIDER WHILE DECIDING THE MAINTENANCE AMOUNT?
In Raj Bari Behera v. Mangaraj Behera, the maintenance has to determine in the light of the standard of living of the person concerned, the earnings of the husband and his other financial commitments.
Financial commitments like EMI's should also be taken into consideration while deciding maintenance amount (Bhushan Kumar Meen vs Mansi Meen @ Harpreet Kaur on 28 April 2009, Supreme Court of India)
Adduce evidence to substantiate that they have a source of income and that they are not dependent on you.
This should sufficient for your to dispel their claim seeking maintenance.
Dear Client,
As per facts, you have to give proof before the court regarding the source of earning from they get.
You can me call through KAANOON for more advice.
If you evidence to prove that she has sufficient income to sustain her expenses then produce the documentary evidences before court and seek for repudiation of her maintenance claim.
