Can a mother claim maintenance under Section 125 CrPC if her husband is alive?

Yes. If the husband is unable to maintain, the adult son can be directed to pay maintenance to the mother under Section 125(1)(d) CrPC.

Does the earning capacity of other siblings block the claim?

No. The court can still order one child to pay. The presence of other earning siblings may adjust the quantum, not the right.

What if the mother gets small help from another son?

Intermittent help does not defeat the claim. The court fixes a reasonable amount based on all sources and needs.

Is refusal or neglect necessary to prove?

Yes. Conduct showing unwillingness to support or persistent neglect can justify maintenance orders under Section 125 CrPC.

Can the quantum be modest?

Yes. Courts fix a fair amount considering the payer’s income, dependents, and the parent’s needs.

MAHENDRA KUMAR GAIKWAD v. GULABBAI RAMRAO GAIKWAD

Quick Summary

This case answers a simple question: Can a mother seek maintenance from her son even if her husband is still alive?

The Bombay High Court said yes. If the husband cannot maintain, an adult son may be ordered to pay maintenance to his mother under Section 125(1)(d) CrPC. The court kept the amount modest, based on income and needs.

```

Issues

Whether a mother can claim maintenance from her son when her husband is alive but unable to maintain her.

Rules

Under Section 125 CrPC, parents who cannot maintain themselves may seek maintenance from children.
If a spouse’s income is insufficient or the spouse is unable to maintain, the adult child’s duty can be enforced by the court.

Facts (Timeline)

The respondents are the petitioner’s elderly parents. One son is employed; a daughter is married; the youngest is studying.

Mother is old; father is diabetic. Their only regular income is the father’s pension. They also bear education expenses of the youngest son.

Parents file for maintenance under Section 125(1)(d) CrPC, stating the petitioner (a government employee) and his earning wife refused to maintain them.

Family Court orders the son to pay ₹200/month to the mother from the date of order.

Son challenges the order in criminal revision. He argues: the father is alive, so the father must maintain the mother.

Arguments

Appellant (Son)

Father is alive; he has the primary duty to maintain his wife.
Father has sufficient means for both.
There are other sons; one earns well. The burden should not fall only on the appellant.

Respondents (Parents)

Mother is elderly; father is diabetic with only a pension.
Education expenses of the youngest son strain the household.
The appellant has refused/neglected to support despite a steady salary and rental income.

Judgment

The High Court dismissed the revision. The Family Court’s order was upheld.

The mother’s maintenance of ₹200/month was reasonable, given the son’s net pay (~₹3,000/month), rent income, and support from his earning wife.
Occasional help from another son did not bar the mother’s claim.
The son’s conduct showed refusal/neglect to maintain.
Costs of ₹1,000 were awarded to the mother.

Ratio Decidendi

Parents’ right to maintenance under Section 125 CrPC is independent of the spouse’s mere existence. If the spouse cannot maintain, a child can be directed to pay a fair amount based on capacity and need.

Why It Matters

Protects elderly parents from neglect.
Clarifies that “husband alive” ≠ “no claim.” Ability to maintain is key.
Guides Family Courts on modest, realistic maintenance.

Key Takeaways

Duty to maintain parents is enforceable under CrPC §125(1)(d).
Husband’s inability opens the door to claim against the son.
Quantum depends on income, family load, and needs.

Mnemonic + 3-Step Hook

Mnemonic: “Alive ≠ Able; Son is Stable.”

Alive? Husband may be alive but not able.
Able? Check capacity of the son to pay.
Stable quantum: Fix modest, fair amount.

IRAC Outline

Issue	Rule	Application	Conclusion
Can mother claim from son when husband is alive?	CrPC §125(1)(d): children must maintain parents unable to maintain themselves.	Husband’s pension and health make maintenance inadequate; son has salary and rent; refusal shown.	Yes. Order of ₹200/month upheld; costs ₹1,000 awarded.