Section 125 CrPC - Child Maintenance for Illegitimate Child
family bar_exam beginner pyq_discussionYe kaafi tricky tha yeh sawal, jab tum log mock tests dete ho, I'm at my shift. Previous year ki Bar Exam ka sawal tha: Child's father dies, leaving behind his legitimate daughter but no will. Legitimate daughter files an application under Section 125 CrPC seeking maintenance from her deceased father's estate. Can she get it?
Correct approach yeh hai: First, Section 125 CrPC is for destitute child, including a legitimate child. But, yeh sab kuch depend karta hai on whether child's father's estate can be termed as 'maintenance' or not. Section 7 of Hindu Minority and Guardianship Act says father has no right to take away anything to his sole benefit. Estate goes to the family, so child's chances kya hain?
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Bro, Section 125 CrPC is clearly about maintenance for minor children, but it's not specific to illegitimate children. Kuch isse clear nahi hua, but court ki aawaz hai ki mere paas apne ghar ke baare mein koi proof nahi hoga toh bhi, mere liye maintenance mil sakta hai. Legally, illogical bhi nahi hai, court ke pass discretion hai.