Legal support for my husband

Guest (Querist) 14 December 2014 This query is : Resolved
Hello,
My husband is being harassed by his parents and elders helpline forum. They want my husband to pay all maintenance even after providing a home to stay for them.My husbands brother and sister are contributing nil.
The elders helpline keep asking my husband to attend meetings. No one else turns up there. Now they harass my husband that his job is at stake if he does not attend.
Help us.

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Guest (Expert) 14 December 2014
Not merely home to stay for old parents, their maintenance & welfare is the legal responsibility of all of their children.

Don't forget that your husband was not provided merely home to live right from his childhood, but also was maintained well & educated to be able to marry you, but not with the expectation to leave his parents in the lurch in the last part of their life.

They should not be expected to go for begging on roads to get food, clothing, medical aid and other needs in their old age.

Think about your own parents if they are also made to face such type of situation, what would you feel?

Advice your husband not to shirk from his responsibility to maintain his parents. They can seek maintenance through court also to make his position more difficult.

Guest (Expert) 14 December 2014
A Perfect advise/address by Senior Expert Mr.P.S.Dhingra

Guest (Querist) 14 December 2014
Thanks for the advice. But since you have raised a question about my parents, i need to clarify few things.
I parents educated me and i am working . We have two children who are taken care by my parents, not by my in-laws. They refused to come and stay and look after our children because we are in rented accommodation whereas they are staying in my husband/their sons own house.
Also, we moved out 6 years back. Repeatedly we called them to stay, they refused since the younger was staying with them in our house and running the house. But recently he got married and moved out due to issues with my father in law.
My husband has been treated as doormat all time when compared to his younger brother and sister. My husband was earning very well before 2004 and used to support all of them. But he was staying far off for 13 years. His family only needed his money then. Then he had financial total loss and came back. The problems started then. He was treated a loser till our wedding in 2008. Directly my mother in law told, that they got a working wife for my husband to repay their debt.
Also, my father in law has land worth crores as ancestral property whic he wants to donate. We never asked him or questioned. My mother in law has a site here, which my brother in law was planning to construct a house without informing us. This is the step motherly treatment given. They have never talked to our 2 kids.
Also, since we moved out after wedding, we called all of them stay together in big rented home near to our offices. No one agreed. Is it our fault? But since we moved out without them, they abused my parents and tried to break our marriage , but husband being understanding didnot yield. After that i broke all ties with them. Only my husband keeps in contact.
Also, my father in law physically abuses my mother in law. He uses foul language and beats her. So, she went with younger son when he moved out without telling my husband. He felt very bad about it and after that he is not willing to do anything for them.
Regarding educating my husband, he studied in government school and college, and when his father wanted him to leave studies and help him in business, my husband went to earn on own and continued studies. Currently also he is doing further studies totally on his own.
I have repaid huge loan of my husband, which he had taken on his parents FD during the wedding. What an irony? As parent s, then supporting during wedding they made him take loan on their FD and immediately after wedding started torturing to clear it. What does it mean?
My husbands younger brother and sister are not contributing anything. Is it not there duty as well? We have given a home whose loan was paid by me. Having so much property also they want money from children.
Also,we agreed to pay flat maintenance and bills along with giving house. But the others are not coming forward. They donot want daughter to be dragged in this, they told. Why?
Today by Gods grace we are doing better, since my parents are supporting. They take care of us and our children. Now, it is a speck in my in-laws eyes. If this goes further, i am sure our marriage will break. I am working 12-14 hrs a day to have a comfortable life and to educate our children well. 6 years, they never bothered and suddenly they cannot digest we are on our own.

Rajendra K Goyal (Expert) 14 December 2014
Agree with the Learned expert P S Dhingra ji.

Guest (Querist) 14 December 2014
Does it mean they it is better donot marry your sons off so they can take care of their parents else they will have responsibilies towards their wife and children? Also, it is good then that we donot bother to save anything, just expect children to take care else use this law?
Also, it is easier to target one child who is submissive or emotionally weak.

prabhakar singh (Expert) 14 December 2014
LAW DOES NOT ADDRESS TO 'HUMAN ATTITUDE AND COMPLEXES THAT EACH INDIVIDUAL MAY POSSESS AND PRACTICE'.

IT SIMPLY LAYS THAT MINORS AND OLDIES ARE DEPENDENTS TO BE TAKEN CARE OF ABOUT THEIR
BASIC NEEDS WHICH INCLUDES SHELTER, FOOD,CLOTHING, HEALTH CARE,EDUCATION,ETC.,AS THE CASE MAY BE.

IN YOUR CASE NOT ONLY YOUR HUSBAND BUT HIS BROTHERS AND SISTERS ARE ALSO RESPONSIBLE.

WE HAVE NO TOOL TO HELP WITH REGARD TO ATTITUDE COMPLAINED OF.

Guest (Querist) 14 December 2014
My problem is, we were called by the elders helpline forum around 4 months back. We went discussed and agreed to allow my in laws to stay in our house lifelong without anytime claim to move out. Also, we agreed to pay maintenance of that flat and electrcity bills every month. So, all together the expense we are bearing is around 9k. Since our flat fetches 7500 Rs as rent.
The forum people assured us that the other children will be similarly called and asked for their shares, since they were fine with our contribution. My husbands siblings never turned up from last 3 months. But they started pressurising us to start paying. We were assured that once all is discussed we will have joint meeting. Nothing happened.
We went later twice when called, but no one else turned up. Now, they have called again on this weekend and the forum people threatened my husband saying his job will have problem if he missed it.
My father in law only is claiming maintenance, my mother in law has no demands since she is willing to go with younger son to stay.
What can we do? I am frustrated with all this. My husbands wants me to accompany because my in laws ill treat him, use foul language and get there work done. But when i am there, they are more controlled.
It is taking a toll on my family life and feel like breaking my marraige, since my in laws keep cursing us and tried all resorts put us down.

Guest (Querist) 14 December 2014
One more point is my father in law doesnot want any support from daughter. Though she is very much self sufficient and in financially better position than all of us. She is earning very well and her daughter is being taken care by my in laws.

prabhakar singh (Expert) 14 December 2014
I am unable to understand what authority this so called FORUM is?

An NGO or constituted under any law?

Guest (Expert) 14 December 2014
Ms. Vrita,

Nothing is surprising for me in your statement, when you say, "does it mean they it is better donot marry your sons off so they can take care of their parents else they will have responsibilies towards their wife and children," as in most cases once the marriage takes place, the wives think as if they are the sole proprietor of their husband, who should severe all his relations with his parents and siblings.

But that also does not mean that the sons are nurtured and brought up just to be harvested like a crop by someone else compelling the growers to rot without bread & butter and other comforts of life, which they expect from their children in their old age.

You have stated, that your husband "studied in government school and college," naturally, not out of your funds or your parents' funds after your marriage. He would have spent his own parents' funds to get his education.

You have admitted that your husband had taken loan "on his parents FD during the wedding." Naturally, here also his parents' FD was used to get his marriage ceremonised with you and the marriage was not ceremonised without money or own funds of your husband. You have not done any act of obligation to your in-laws, if you have repaid loan of your own husband.

You have admitted that you "broke all ties with them. Only my husband keeps in contact." When you have broken all the ties with your in-laws, naturally you would have disliked his husband to take care of his parents and even to keep in contact with them.

You have also stated that your "father in law has land worth crores as ancestral property which he wants to donate." That itself denotes that they would have been quite fed up with the mal-treatment and disrespectful behaviour of their children and daughter-in-law that they are compelled to donate the property worth crores of rupees, rather than making their children eligible to enjoy fruits of that property.

You have also stated, "I am working 12-14 hrs a day to have a comfortable life and to educate our children well." May God bless both of you with quite a comfortable life till the whole apan of life. BUT SUPPOSE, after your tireless efforts to support your children and giving good education to them they also start neglecting you and your husband at your helpless old age, what would you feel that time?

BETTER DON'T SET SUCH A PRECEDENT TO BE FOLLOWED BY YOUR CHILDREN FOR YOUR OWN SAKE. Rather, as the eldest daughter-in-law, you could have taken the lead to help the old couple to get equitable maintenance support from the younger brother also, failing which, besides support on your part, you could well have helped the old couple to get their due care from the younger child also by the intervention of the court of law.

Contrarily, yourself is becoming the sole cause of losing the due share of the property worth crores of rupees after their death by your own initiative in breaking all the ties with your in-laws.

Guest (Expert) 14 December 2014
About your statement, "my father in law doesnot want any support from daughter. Though she is very much self sufficient and in financially better position than all of us," in Indian society, usually no parent want any financial support from their daughters.

In this context, I would like to pose one question to you, "do your parents expect you to support them financially?"

Guest (Querist) 14 December 2014
Hello Mr. Dhingra,
As per your reply, it looks like you have made up your mind that we are wrong. Anyways , i understand that as a daughter in law in this society , we are always wrong.
Nothing is surprising for me in your statement, when you say, "does it mean they it is better donot marry your sons off so they can take care of their parents else they will have responsibilies towards their wife and children," as in most cases once the marriage takes place, the wives think as if they are the sole proprietor of their husband, who should severe all his relations with his parents and siblings.

Vrita: So, if the in laws think that their daughter in laws money is now their own, it is fine. Is it? So, the husband is not supposed to see well being of the wife at cost of parents when the parents act stubborn and refuse to move in with son after asking them repeatedly.

But that also does not mean that the sons are nurtured and brought up just to be harvested like a crop by someone else compelling the growers to rot without bread & butter and other comforts of life, which they expect from their children in their old age.

You have stated, that your husband "studied in government school and college," naturally, not out of your funds or your parents' funds after your marriage. He would have spent his own parents' funds to get his education.
Vrita: I never said we paid for his education. I said, even his parents didnot support him. And currently he is pursuing , that also because i am supporting financially the house expenses. Which never happened with his parents or siblings.

You have admitted that your husband had taken loan "on his parents FD during the wedding." Naturally, here also his parents' FD was used to get his marriage ceremonised with you and the marriage was not ceremonised without money or own funds of your husband. You have not done any act of obligation to your in-laws, if you have repaid loan of your own husband.

Vrita: Gr8, so son will not be given the FD to support for his wedding, but asked to take loan. And later after wedding wife needs to repay.

You have admitted that you "broke all ties with them. Only my husband keeps in contact." When you have broken all the ties with your in-laws, naturally you would have disliked his husband to take care of his parents and even to keep in contact with them.

Vrita: When they humiliated me and my parents, i have broken all ties. But never forced my husband not to. You need to understand that if i had such intentions, i would not have been happy that they stay in our house for which i have also paid the loan.

You have also stated that your "father in law has land worth crores as ancestral property which he wants to donate." That itself denotes that they would have been quite fed up with the mal-treatment and disrespectful behaviour of their children and daughter-in-law that they are compelled to donate the property worth crores of rupees, rather than making their children eligible to enjoy fruits of that property.

Vrita: Let me clarify, none of the children have asked for property. In fact he is in dispute with his brothers over it. We have made very clear from day one, that we are not interested. We are only asking him to enjoy that property for himself and wife than fighting with children. Let them later donate, we are not interested.

You have also stated, "I am working 12-14 hrs a day to have a comfortable life and to educate our children well." May God bless both of you with quite a comfortable life till the whole apan of life. BUT SUPPOSE, after your tireless efforts to support your children and giving good education to them they also start neglecting you and your husband at your helpless old age, what would you feel that time?
Vrita: I am working tirelessly at the cost of my parents which you need to understand. It was the first choice of my in laws to support us with our kids, they never came forward.
We are educating our children so that later they need not tell that their parents couldnot even give education as my husband regrets. Also, we donot want to burden them later like we are.
BETTER DON'T SET SUCH A PRECEDENT TO BE FOLLOWED BY YOUR CHILDREN FOR YOUR OWN SAKE. Rather, as the eldest daughter-in-law, you could have taken the lead to help the old couple to get equitable maintenance support from the younger brother also, failing which, besides support on your part, you could well have helped the old couple to get their due care from the younger child also by the intervention of the court of law.

Vrita: After being cursed by father , insulted and told that he has sole himself to his wife and her parents which son or daughter in law would want to support. I have my self respect in place.

Contrarily, yourself is becoming the sole cause of losing the due share of the property worth crores of rupees after their death by your own initiative in breaking all the ties with your in-laws.

Vrita: I only pray God to give us strength to make our own earning and make property if possible for our kids. I never even in my dreams have wished for it. After so many curses and wanting my kids not to flourish , i would be a fool to support them.

Regarding my parents, they are also retired and well balanaced between son and daughter. They are taking care of 3 grandchildren at this age to see their children flourish. Seeing this difference in attitude between my parents and my husbands parents is what makes him feel depressed.

So, Indian laws can go by Indian society feelings. So, they can take daughter in laws money, but daughter should not pay her parents. This is main reason of female foeticide in our society. Either she has to work for husband and his family but never for her parents.
If a time comes(hope they never need it), wherein i need to support my parents i will do it at any cost irrespective of what thay want.

Guest (Querist) 14 December 2014
Hello Prabhakar sir,

The link below is about the forum
http://www.thehindu.com/news/cities/bangalore/elders-helpline-has-got-16-lakh-calls-since-2002/article5665239.ece

Guest (Querist) 14 December 2014
Also Mr. Dhingra,

It is heights on parents part to want to stay seperately and make children pay maintenance when in actual the children want to stay together.
My mother in law on her own interest moved out with younger son. My father in law posed a complaint against his wife and younger son saying that no one is with him at old age. But he forgot that in his younger days he has been beating and torturing his wife. This has been happening till recent.
And she never participated in this complainat of maintenance since she wants to stay with children. But according to my father in law , we all donot perform proper pooja and donot maintain rituals weel so he wants to stay seperate. Because of this our house is blocked which would fetch a decent amount as rent and they themself could use it, as we provided that option to them.

ajay sethi (Expert) 14 December 2014
under provisions of senior citizen maintenance act parents can seek maintenance from children . Tribunal can award Rs 10,000 as maintenance to parents . it is responsibility of all children to maintain their parents

Guest (Expert) 14 December 2014
Ms Vrita,

Regarding your remarks, "As per your reply, it looks like you have made up your mind that we are wrong. Anyways , i understand that as a daughter in law in this society , we are always wrong," I need not make up mind to say that you are wrong, rather law of the land says you are wrong when you deny maintenance from your husband. However, I won't hesitate to say now that you are absolutely wrong, if your make resistance in the way of your husband in making payment of maintenance charges to his father.

No parent likes to curse his children and grand children unless fully fed up with their ill behaviour.

What I did not want to say earlier, I shall say now that the law is not made to support the dacoits of the society, if they think property of others is their own property. Had the law on senior citizen maintenance not been there, more than 75% of the parents would have been thrown out on the roads by their children in India.

If you are against maintenance of your husband's parents on month to month basis, why not do one thing? You may buy out the ripened crop of his parents, in the shape of your husband, by making one time lump sum cost including interest up to date for bringing him up, including the sufferings of his mother borne during her pregnancy and infancy stage of your husband and become the sole owner of your husband. I am sure, even your whole property would be quite insufficient to pay that cost.

Mind it, your husband's parents were not supposed to bring him up just to serve your sole cause. So, would also be your intention not to bring up your children merely to serve the sole cause of their wives by neglecting you at your old and infirm age.

prabhakar singh (Expert) 14 December 2014
Nightingales Medical Trust, a Bangalore based NGO,is running this Elders Helpline with private partnership of police.

It is discharging social obligation.

They do not have right to pass awards against those who are liable to maintain.
They can simply try persuasive manners of rehabilitation of elders.

They do not have right to take job of those who are not maintaining their elders.

You state your husband is paying what they negotiated between in last meetings.

let your husband continue to pay against proof of payment.

Guest (Expert) 14 December 2014
You need not follow my suggestion or advice, rather you can also try to get verdict of the court of law by filing a petition to restrict the parents of your husband not to claim their maintenance from their children.

Guest (Querist) 14 December 2014
Hello Mr. Dhingra,
I am not against payment of maintenance. But why should we alone take ownership when there are 2 more children. Also, we have provided a home with all basic amenities. Cannot the other children be asked for other commitments?
Whatever you said about growing a son and then selling and buying, the same holds good for daughters. Right?
That's y I said, such people should not marry off there sons . They need to put price tag , then maybe parents will think before marrying their daughters to them.
Also, as long as my husbands needs to pay such maintenance I will need to go earn at the cost of my parents. So this is acceptable to your society?
And where was this father for last 7 years? He was the one who shamed his own son publically by telling he was a loser and failure in life. It was only me who supported him then. Not even his siblings came forward. And today when suddenly we appear settled, they r claiming.
My in laws and his brother r staying in my husbands house from 2002. So, wt else should he take responsibility of.

prabhakar singh (Expert) 14 December 2014
ONE THING MORE THIS ELDER HELP LINE CAN TAKE LEGAL STEPS SUCH AS FILING PETITIONS ON BEHALF OF DISTRESSED PARENTS AS LAW LAYS SO.

Guest (Querist) 14 December 2014
If the parents are bringing up their sons as crops then it is very sorry state for all of us. We need to understand daughters are also children. Not only meant to earn for others and keep suffering.
So, indirectly dowry is still valid. In another form, son pays parents, daughter in law earns to meet ends of their family and parents of daughter to see their daughter settled suffer by supporting in every possible way.

prabhakar singh (Expert) 14 December 2014
The following site may be visited to know all they are doing in the interest of elders:

http://www.bcp.gov.in/Elders_Helpline.aspx

Guest (Expert) 14 December 2014
Dear Author,Please Approach your Issue with Humanity.Today Your Parents In Laws Tomorrow You would be in their Position.

K.K.Ganguly (Expert) 14 December 2014
1. It will be prudent for your parents in law to approach the local High Court against your husband and his wife being your goodself claiming maintenance,

2. There are several instances in Calcutta High Court, wher such husbands ( very understanding to wife but not to old parents) are ordered to apologise for refusing to pay maintenance and directed to start paying maintenance,

3. Such cases are periodically reported in Newspapers,

4. If they file such cases, you will get replies to all your above posted long letters from the speaking orders to be delivered by the Court,

5. Your husband shall have to maintain his parents as per law, even by begging or borrowing. Period.

Guest (Querist) 14 December 2014
I really donot understand the law stated. So, if parent is having crores of rupees property and having FDs to survive, then also they have right to claim maintenance. If this is true, then it is wrong weapon in old parents hands for misusing it.
Even providing a very good home is insufficient for these parents.

Guest (Querist) 14 December 2014
If they approach the court for such maintenance, I will surely file to divorce so that my husband is free of me and my kids responsibility. Let the parents have all the money earned by their son for themselves Than my husband begging or borrowing, it is better I working for self and children.
Finally the parents can their son n his money to themselves.Also, the other two children can lead free lives with their respective families.

Guest (Querist) 14 December 2014
Also, now I do not understand your meaning of humanity. According to me humanity is compassion and that everyone needs to understand.

K.K.Ganguly (Expert) 14 December 2014
1. Last I heard, this forum is meant for providing legal advices to the public in general free of cost,

2. I now find that it has become a discussion board where venom splitting letters are repeatedly posted and prudent legal advices are argued by the querist without showing legal grounds,

3. The querist is at liberty to take any action she wishes to subject to approval of law,

4. The querist will not get divorce on the ground that her husband has been forced to maintain his parents by Court order against her wishes.

Guest (Querist) 14 December 2014
Mr. Ganguly,
I will never file divorce for maintenance issue. Atleast not on that grounds. No one is answering query regarding maintenance even after owning properties and money. Pls respond.
I need a clear path, y we need to provide when they r self sufficient. He wants to donate his ancestral property on relegious grounds. No one us have any concern on it.

Guest (Querist) 14 December 2014
My in laws never stayed with us. 7 years back he had all atitude of owning crores worth property. We never asked and moved on to meet our ends by struggling. Today, it is vice versa. The property is going to be donated later. But maintenance from us.

Guest (Expert) 14 December 2014
Your scornfuul attitude towards the parents of your husband has become quite clear with your statement, "if they approach the court for such maintenance, I will surely file to divorce."

That further indicates well that you don't have husband-wife love bond, rather you treat yourself the owner of your husband, if you are ready to leave him by giving divorce in case his parents approach the court of law to get their legal right restored.

That also gives clear indication that you have scant regard for the law.

So, why don't you adopt an easy way even without waiting for their going to court? Just read the provisions of the "senior citizen maintenance act" and file your divorce stating the reason that you do not like your husband to abide by the provisions of that Act.

Good luck!

Guest (Expert) 14 December 2014
If "he had all atitude of owning crores worth property," will he take that property with him when leaves this world. That will remain here only to be distributed amongst the eligible legal heirs only, like you husband. You may now be boasting not to claim anything ourt of that, but your seemingly money-minded attitude, itself, makes clear that you would be first to raise dispute about that also after the death of your father-in-law.

Guest (Querist) 14 December 2014
Mr. Dhingra, regarding my bonding with my husband, I know it is best and also my inlaws know it, which is difficult for them digest. But I also know, it is difficult for my husband to maintain both families and he does not want my money. So, it better to free such relations. Tomorrow due to financial or mental torture if he does take an extreme step for himself then wt? Everone will be a loser. You donot want to understand our issue.
Also, legally you have not told, if his father ask maintenance.

Guest (Expert) 14 December 2014
Ms. Vrita,

Your own statement contradicts the nature of your bond with your your husband, if for a very simple reason of giving support to his parents you have shown your intention to give him divorce.

If the advice of experts has not suited you, why you are trying to expose more and more on this forum. Why so long arguments when position is not going to change by adding more and more of your vague arguments? By ignoring this thread you can feel free to consult some prominent lawyer in your own city and get his advice or file a case against your in-laws to restrict them from claiming any maintenance.

In fact, you have done nothing except pouring a lot of venom against your in-laws and showing total disrespect to your elders.

Good-bye!

K.K.Ganguly (Expert) 14 December 2014
1. Listen, Your parents in law are at liberty to do whatever they wish to with their properties without taking approval from you or your husband, legally speaking,

2. Your husband shall have to maintain them even without your approval, legally speaking,

3. You do not have to understand law compulsorily. Alternatively speaking, it hardly matters whether you understand law or not but what matters is that you shall have to act as per law (without calling for explanations from lawyers why such acts have been enacted. Probably enactors of law of our country had foreseen daughters in law with mindsets matching your goodself),

4. May I submit that it will be appropriate on your part to wait for few more years( since you are aggresively refusing to accept legal advices parted by the legal experts of this Forum) till your son gets married when your daugher in law will be able to give fitting answers to all your above repeated queries/arguments line by line and word by word with practical demostrations.

Guest (Querist) 14 December 2014
Why no one answers my question regarding maintenance of self sufficient parents ?
Regarding my attitude, only wearer knows where shoes hurt.
Also, I will update about this on next Saturday since all children and parents are called to sort out by forum.
Regarding property, let me assure you I will never go for it. I never expect others money. Else I would not be working so hard and would simply wait for that property.

Guest (Querist) 14 December 2014
Mr. Dhingra, the property is not made by my father in law. It is his father or grandfathers. From 40yrs it has been taken care by my father in laws brother. After 35 yrs he was dragged to court for it.As it is he has filed many cases. Even when my mother in law left him to go n stay with younger son, he approached some forum and got her back.

Guest (Querist) 14 December 2014
I would really thank all members who responded, even though most have been against my thoughts.
I will update on same. But I trust my clear conscience and believe in God, that nothing extreme will happen. Also my son will not have to go thru all this in future.
Heart felt thanks.

prabhakar singh (Expert) 14 December 2014
Why no one answers my question regarding maintenance of self sufficient parents ?

Answer:Because post stood stretched in such fashion that it become hard to know what you desired to know.

There are three laws providing for maintenance.

THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956.
Its section 20 is relevant:

20. Maintenance of children and aged parents- (1) Subject to the
provisions of this section a Hindu is bound, during his or her lifetime, to
maintain his or her legitimate or illegitimate children and his or her aged or
infirm parents.
(2) A legitimate or illegitimate child may claim maintenance from his or her
father or mother so long as the child is a minor.
(3) The obligation of a person to maintain his or her aged or infirm parent or
daughter who is unmarried extends in so far as the parent or the unmarried
daughter, as the case may be, is unable to maintain himself or herself out of his
or her own ealnings or other property
Explanation- In this section "parent" includes a childless stepmother.

The next law is THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT,2007
No. 56 of 2007

Its'chapter II section 4 is relevant:

4. (1) A senior citizen including parents who is unable to maintenance himself from
his own earning or out of the property owned by him, shall be entitled to make
an application under section 5 in of parents and senior citizens case of-
(i) parents or grand-parent, against one or more of his children not being a minor;
(ii) a children senior citizen, against such of his relative referred to in clause (g) of
section
(2) The obligation of the children or relative as the case may be, to maintain a
senior citizen extends to the needs of such citizen so that senior citizen may
lead a normal life.
(3) The obligation of the children to maintain his or her parent extends to the
needs of such parent either father or mother or both, as the case may be, so
that such parent may lead a normal life.
(4) Any person being a relative of a senior citizen and having sufficient means
shall maintain such senior citizen provided he is in possession of the propertyof such citizen or he would inherit the property of such senior citizen: Provided
that where more than one relatives are entitled to inherit the property of a
senior citizen, the maintenance shall be payable by such relative in the
proportion in which they would inherit his property.

5. (1) An application for maintenance under section 4, may be made-
(a) by a senior citizen or a parent, as the case may be; or
(b) if he is incapable, by any other person or organization authorized by him; or
(c) the Tribunal may take cognizance suo motu.

And lastly 125 Cr.P.C.

125. Order for maintenance of wives, children and parents.

(1) If any person leaving sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself,

A Magistrate of’ the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate1[***] as such magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct::

Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of’ sufficient means.

2[Provided further that the Magistrate may, during the pendency of the Proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:

Provided also that an application for the monthly allowance for the interim maintenance and expenses for proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person]

Explanation. For the purposes of this Chapter.

(a) minor means a person who, under the provisions of the Indian Majority Act, 1975 (9 of 1875) is deemed not to have attained his majority;

(b) “Wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

3[(2) Any Such allowance for the maintenance or interim maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.]

(3) If any Person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole, or any part of each month’s 4[ allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case be,] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:
Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the dare on which it became due:

Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.

Explanation. If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.

(4) No wife shall be entitled to receive an 4allowance from her husband under this section she is living in adultery, or if, without any sufficient reason, if she refuses to live with her husband, or if they are living separately by mutual consent.

(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

1. The words “not exceeding five hundred rupees in the whole” omitted by Act 50 of 2001, sec.2 (w.e.f. 24-9-2001).

HOPE YOUR QUEST IS OVER NOW.

Guest (Querist) 14 December 2014
Thanks Prabhakar sir. I got my answer. You are right that somewhere personal feelings came in this forum.
Hope it can be sorted out in the elders helpine forum. Otherwise, everyone is at loosing ends.
One more query, how does maintenancee giving workout with all children. Is there any equality law for it? Any differention for son and daughter?

Devajyoti Barman (Expert) 15 December 2014
The author is advised enough. Her posts should not be entertained anymore.

Guest (Expert) 15 December 2014
So, ultimately she disappeared forever by getting her account deleted after giving vent of her extreme anger, not only against the parents of her husband but also against the experts.

In fact, such type of women only become the real cause of disturbance of mental peace of all the family members in any house when they develop the culture and misbelief that they have become the sole owner of their husband, as if parents have forfieted their all rights to relation with their sons after they marry their sons.

T. Kalaiselvan, Advocate (Expert) 16 December 2014
The author cannot be sidelined this way totally. She had actually vented out her feelings and frustrations due to the prevailing situations where only her family is forced to maintain parents in law despite her husband's other siblings are well off and and are equally responsible to maintain them. As a matter of fact her family has taken care of providing the parents in law with good accommodation, the others also are to contribute their mite towards this combined cause. May be the language she used might not be pleasing and reflected her agitating character, she may not be intentional while venting out her grievances and feelings. In any case she cannot be condoned if she is trying to ignore maintaining her parents in law by her speech.
Stretching this thread will produce more angry exchanges, so let this be wound up.

malipeddi jaggarao (Expert) 16 December 2014
I too agree with the expert Mr.Kalaiselvan on this issue.

T. Kalaiselvan, Advocate (Expert) 16 December 2014
Thanks Mr. Malipeddi Jagga Rao for understanding my intention.

Legal support for my husband

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