Maintenance of aged parents
Divakaran K
(Querist) 11 October 2009
This query is : Resolved
My friend who is aged 60 years and his wife aged 51 (both have no income or properties) are living with their eldest son since 2003. Suddenly, last month, the boy threatened them to move out of the house lest he will throw their belongings out, under the influence of his wife who wants to get rid of them. Since then they are ill-treating the parents. The boy has a own flat and is also a owner of another posh flat. He works in a IT company earning around Rs.85,000/-. The second boy who lives abroad is sending Rs. 10000/- for his parents livelihood and medical expenses of the mother. The mother has osteoporasis and is spending around 4500 from the amount for medical expenses. In the circumstances, if they move out of the house, can they claim maintenance from the elder boy? My friend wants legal opinion on the above. Can you help him? Regards.
charudureja
(Expert) 11 October 2009
please refer to section 125 crpc. the aged parents are entitled for maintainance by their children and i dont thnk if one child is sending some money the other doesnt have the duty towards parents.they have no income of their own and the amount of 10,000 isnt enough for medical and other expenses. both children are liable and in this case the elder son will be liable to pay maintenace to their aged parents.
Sachin Bhatia
(Expert) 11 October 2009
Yes parents can claim maintainance by their children. File a petition for maintainance u/s 125 Crpc.
A.P.Manoranjan
(Expert) 11 October 2009
Section 20 of Hindu Adoptions and Maintenance Act provides for the Maintenance of children and aged parents.
parents can also claim maintenance u/s 125 crpc.
Raj Kumar Makkad
(Expert) 12 October 2009
I agree with the opinion of above referred experts.
adv. rajeev ( rajoo )
(Expert) 12 October 2009
It is the bounded duty of the sons to maintain their parents.
Husband has to maintain his wife. Son has to maintain his parents and unmarried sisters.
Parents of ur frnd can claim maintenance from their elder son.
n.k.sarin
(Expert) 12 October 2009
agree with the opinion of mr. charudureja and A.P manoranjan.
A V Vishal
(Expert) 12 October 2009
Your friend can also opt for maintenance under "THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007".
RAKHI BUDHIRAJA ADVOCATE
(Expert) 12 October 2009
They should file a petition under section 125 cr.p.c. to claim maintenance.
Divakaran K
(Querist) 12 October 2009
Thank you very much for all the replies. Now that I have a clear view about the matter, I would advise my friend to act as per your advice. Tks. once again
