Hi,
I have analysed your query and would like to answer it. It is moral and legal obligation of children to maintain their parents, caring for elders is seen as a sign of respect and a way to uphold family traditions. Law has made is mandatory for children who can maintain themselves to maintain their parents as well, even married daughter are under this legal obligation. Laws pertaining to this obligation are as follows:
Section 125 of Criminal Procedure Code, 1973 provides that an individual who is able to maintain himself have enough means to provide for the maintenance of his parents and yet if he refuses to do so then, both mother and father can claim maintenance from their children be it son or daughter. Daughter whether married or unmarried would also be liable to maintain the parents as the duty and obligation to maintain parents equally applies to daughters.
Section 127 of Criminal Procedure Code, 1973 provides alteration in allowance, it means change in monthly allowance that is it may decrease or increase according to the change in the conditions of the parties, if with time the condition of the parties have changed then magistrate can order to alter the allowance.
As for your question, it is unlikely for your mother to claim a part of her daughter’s retirement benefits, other than that if it is believed that there is a significant change in the needs of your mother since the initial order has passed like increased medical bill, increase in cost of living or change in the income of person paying the maintenance, an application can be filed under section 127 of criminal procedure code, 1973, stating the reason for seeking modification supported with evidence.
Hope it helps you with your query.
Regards,
Parth Chawla
