Can wife get maintenance from both husband and son.?
01-Jun-2023 (In Divorce Law)
Hello sir
My uncle has been providing maintenance for the past 9 years to his ex wife (12k/mon). His son who resides with her is earning more than 2 lak/ mon. If a son is liable to maintain his mother. Is there anyway to make him pay (or share) her maintenance instead of her husband ( my uncle) ?
2nd can his father seek maintenance from his son while he is having a small shop? (With avg income 30 k)
It is for your uncle's wife to choose from whom she wants maintenance. And the husband is bound to provide maintenance for his divorced wife until she gets remarried. Your uncle can claim maintenance from his son and he should have strong grounds to claim the same. Inability to maintain, senior citizen are good grounds.
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In this case, Section 125 of Cr. P.C states that both mother and father, whether natural or adoptive, can claim maintenance from any of their children. Under Section 125 even daughters are liable to pay maintenance to their mother and father. I have a vast practice in that area you can seek my assistance in your matter.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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