LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Subhomoy Das (Retail Manager)     22 June 2012

Maintenance

 My aunt is a 73 yrs old sick widow lady and abandoned by his only son who stayed seperately with his wife and son.  Her son doesnt make any contact with his widow mother ( my aunt) at all for last 3 yrs. My uncle passed away last year due to this grief that his son have snapped all ties with them who have brought him up so much of struggles and sacrifices.Her son have not performed the final rites & rituals of his father. My aunt son is M.Tech by Proffession and working in a MNC. I to my capability take care of my aunt but that will never heal her mental agony of loosing her husband and son keeping no touch. My aunt  is getting a meagre pensin of  Rs. 4200 per month as family pension which is too less in this high inflated market.

My aunt is planning to file a Maintenace case against her son  to the Sub Divisional Maintenance Tribunal Officer.

My question is : 1. Can my aunt claim maintenance from her son inspite she is getting pension (4200/-) ?

                             2.  Does my aunt is eligible to claim maintenance if she debarred her son from inheriting

                                 her  house, little cash etc. etc. i.e. if my aunts donate her house, cash to a chariatable

                                 orgn, or to any other person, then can she claim maintenance from her son.

                             3. Which is more convenient place to apply for claim of maintenance -- Tribunal or  Court.



Learning

 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     22 June 2012

 

Your aunt can surely claim maintainance from her son if she is unable to maintain herself from her pension. It is the duty of the children to look after his parents and take care of them in their old age. But if the child is irresponsible then, the parents can take recourse to law. Your aunt can file for maintainance u/s. 125 crpc in the court.

Even if your aunt is willing to give her house to some charitable institution after her lifetime, she still has the right of maintainance against her son.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     22 June 2012

Yes. I agree with Adv.Archana suggestion.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register