A medically incapacitated adult son remains entitled to maintenance under Section 125 CrPC.

The respondents, the petitioner’s wife and adult son, sought maintenance under Section 125 Cr.P.C. The son had kidney failure, required continuous dialysis and had been advised to undergo a transplant.

The Family Court assessed the petitioner’s notional monthly income at Rs.50,000 and, by order dated 15 December 2022, awarded Rs.7,500 per month to each respondent from 26 February 2019.

The petitioner challenged the award, citing his financial commitments, the wife’s rental income and his limited pension.

On revision, the High Court reduced the wife’s monthly maintenance to Rs.5,000 and confirmed the son’s award of Rs.7,500 per month.

1. Whether the maintenance of Rs.7,500 per month awarded to the wife required reduction in light of her rental income and the petitioner’s financial position.

2. Whether the maintenance award to the adult son should be disturbed despite his kidney-related illness and inability to maintain himself.

Section 125 Cr.P.C. provides for maintenance to persons who cannot maintain themselves and are entitled to claim maintenance under the provision.

The Family Court relied on *T. Vimala v. Ramakrishnan* and *Ritta Dutta v. Subhendu Dutta* in holding that the petitioner was liable to maintain his adult son in view of his medical condition and financial dependency.

The High Court considered the wife’s rental income alongside the petitioner’s financial position and concluded that the amount awarded to her required modification, reducing it from Rs.7,500 to Rs.5,000 per month.

In contrast, the son’s medical records showed that he required continuous dialysis; despite being an educated adult, his illness left him unable to maintain himself. The Court therefore found no basis to interfere with his maintenance award.

The Family Court’s remaining directions were left unaltered, and any arrears were directed to be paid within three months from receipt of a copy of the order. No costs were awarded.