Amit Kumar Das (Ex-Serviceman, IAF) 12 February 2013
Hi everybody,
My father retarded before 16 years. I am giving regularly maintenance to my parents. My brother was student 10 years before. Since 10 years, he is earning. But I have never asked him to pay maintenance to our parents.
Can my parents clain maintenance from him? Can they claim maintenance for the past ten years from my brother?
Can my brother deny maintenance showing reasons that I am capable to maintain my parents?
What is the present maintenance value for aged father and mother?
Adv Archana Deshmukh (Practicing Advocate) 12 February 2013
Your parents can claim maintainance from your brother if they are not capable of maintaining themselves from their own income/property. But they cannot ask for the past 10 years maintainance. Even if you are capable of maintaining your parents, they can still claim from the other son. Amount of maintainance depends upon the needs, standard of living of the parents and the financial capacity of the child to pay.
ashoksrivastava (scientist) 12 February 2013
maintenance can be claimed only from date of petiton so parents can't claim maintenance for last 10 years from your brother.they can claim it from your brother only if he has sufficient means to pay
Nitesh Ahuja (intern) 12 February 2013
according to section125 of the code of criminal procedure,1973 PARENTS WHO ARE UNABLE TO MAINTAIN THEMSELVES CAN CLAIM MAINTENANCE FROM THIER SON, IF SON IS EARNING. BUT THEY CANNOT CLAIM FOR LAST 10 YEARS
SANTOSH KUMAR PRUSTY (ADVOCATE) 12 February 2013
Your parents can claim maintenance from your brother .Your brother can not deny maintenance . No specific mainteinance value is prescribed.
Rahul Kapoor (Legal Enthusiast) 12 February 2013
hello,
yes he will be laible for maintainance.
quantum of maintenance will be decided by the affidavit that will be filed in the court.
regards-
rahul.gogreen@gmail.com
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