LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Can the father claim the maintenance charge from his son?

(Querist) 11 September 2015 This query is : Resolved 
Dear Sir,

My friend is working in a PSU. He has two brothers working as Govt. servants. His father is a retired teacher drawing a pension of Rs. 10500.00 per month. Earlier his father was residing with him. Recently his father started living separately with an old lady claiming that he got married to that lady. Now his father has claimed maintenance charge from my friend stating that he is unable to maintain his daily cost of living including medical expenses with that pension amount. In this regard it is to be mentioned here that my friend’s did not claim maintenance charge from his other two sons. My friend has requested his father to stay with him and take medical facility from the PSU as his father is entitled to get medical facility from the PSU. But his father refused the same.

My query is that in this situation can my friend’s father claim the maintenance charge from my friend only?

If yes/no, why? If yes, then how much as my friend’s annual income (Cost to company) is 15 lakh per month.

Regards,
Swapan
Kumar Doab (Expert) 11 September 2015
Can't the father claim medical benefits even if he does not stay with son serving in PSU?



If the parent is not able to maintain then parent can claim maintenance.



Rest of your post is argument that you can advance if your father approaches tribunal/court.
Rajendra K Goyal (Expert) 11 September 2015
If father is not able to maintain then he can claim maintenance.
ADV-JEEVAN PATIL, MUMBAI (Expert) 11 September 2015
1) confirm yr father get pension
2) if unable to maintain the can claim maint. from children
DKTAZILANOM9909 (Querist) 12 September 2015
Dear Sir,

As per PSU rule his father can claim medical benefits only if father stays with his son(under the same roof) serving in PSU.

Father is getting pension of Rs.10500.00. Will it be treated that father can maintain at his own?

Father refused to get medical treatment from his son's working PSU. Can father clain expenses from his son due to medical ground?

regards,

Swapan
Guest (Expert) 12 September 2015
If the father does not have sufficient means for his maintenanc, he can claim maintenance charges from his children without any condition. Nobody can compel the father to live with any child, who bears the maintenance charge.

Guest (Expert) 12 September 2015
If your friend has shown his father as dependant on him, not his father, only your friend can claim medical charges from his employer PSU for treatment of the dependant father.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :