Maintenance
ramesh vyas
(Querist) 04 December 2012
This query is : Resolved
sir, my friend is hindu male 40years old. his natural parents abandoned him at his uncles house when he was 6months old and never bothered about him.His uncle brought him as his foster son and bequathed some property to him.The name of foster father figures in all his educational records and government records.After his foster fathers demise coming to know that he has got some property, his natural parents filed a petition under 125crpc claiming maintenance of 50,000/- per month. is he liable to pay, if so how much.
ajay sethi
(Expert) 04 December 2012
are parents not able to maintain themselves ? what is the income of the son .?
In Pandurang Baburao Dabadhe vs. Baburao Baburao Dabadhe the court declared that from section 125(1) it was not clear that can the court provide maintenance to a parent who did not comply with their duties when the child was dependent on him or her. The court said “The argument which is advanced before us stems from amoral indignation at being required to maintain a father who did not took care of the children at the time when he should have done so. However, effect must be given to the intention of the legislature which must be found from words of section 125(1) alone and cannot ask to be relieved from the said statutory obligation on any moral considerations.” The court also mentioned that in this case the father who was unable to maintain himself was entitled to maintenance from his son who was financially sound. “
In Mahendra Kumar Gaikwad vs. Gulabhai also, one of the arguments of the respondent son against the applicant mother was that the parents had not discharged their duties towards him properly and therefore they had forfeited their right to claim maintenance from him. The court, however, ordered him to pay maintenance
Devajyoti Barman
(Expert) 04 December 2012
The parents are liable for maintenance from their son.
But in your case it seems you were adopted by your uncle.
In that situation you are under the eye of law has no jural relationship with your biological parents and hence no responsibility towards them.
However for the sake of humanity I would suggest you to help them survive on earth if they have no meaningful means of sustenance.
Raj Kumar Makkad
(Expert) 04 December 2012
Your friend is not liable to pay any amount of maintenance under the relevant law as they have no direct relationship of son and father after fostering y his uncle.
ramesh vyas
(Querist) 09 December 2012
thank u ajay sir,barman sir and raj kumar sir. ur advice shall certainly help my friend. thnk u once again.
