Legal Question in Criminal Law in India

What should i do? (India, SUPREME COURT 125 MAINTENENCE)

Sir

i am a 19 year old girl.

my parents live seperated from the time i was a two month baby,..since than my mother gets a small amount of mantenence from my father u/s 125 of CRPC. i was a small learning girl and i never claimed for maintenence from him,..

But now, i want to claim for my higher studies..

My father is right now, pleasing with the Indian railways and gets around 20,000/- per month and out of which i have never claimed even a single buck..

my mother is a non working lady, and i have to live with the help my maternal uncle..

please help me and guide me through this, i will be very very obliged..i want to study alot and serve my mother and nation...

p.s right now i am studying in a reputed govt university..

what is majority age according to Indian Majority act 1875 for my case??


Asked on 5/02/09, 1:03 pm

5 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: What should i do? (India, SUPREME COURT 125 MAINTENENCE)

you can file a case for maintenance from your father after 21 yrs.

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Answered on 5/04/09, 1:51 am
Pranav Desai PD Legal & Associates

Re: What should i do? (India, SUPREME COURT 125 MAINTENENCE)

Consult a local lawyer to check whether you can claim maintenance under Hindu Adoption and Maintenance Act.

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Answered on 5/05/09, 6:33 am
Shrichand Nahar S.V.Nahar, Advocate

Re: What should i do? (India, SUPREME COURT 125 MAINTENENCE)

Your mother must have got order U/s.125 Cr.P.C. for maintenance of herself and you.

If your father is not willing to support you and your mother beyond the amount ordered U/s.125, no use in wasting time in court proceedings.

Instead, consider availing Education Loan and continue your studies.

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Answered on 5/03/09, 1:28 am
Rajneesh Malhotra Malhotra Advocates

Re: What should i do? (India, SUPREME COURT 125 MAINTENENCE)

You can file an application under Section 15 Criminal Procedure Code for interim maintenance through your lawyer.

The court is likely to grant maintainence to you. You will need to prove the salary of your father which will be easy as he is a Indian Railway employee.

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Answered on 5/03/09, 4:53 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: What should i do? (India, SUPREME COURT 125 MAINTENENCE)

In your situation, the majority age may be 21 years. You may be entitled to maintenance from your father.

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Answered on 5/03/09, 3:07 pm


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