Maintenance for abandoned mother
cvkrishnamanoj
(Querist) 16 December 2015
This query is : Resolved
1) My father has abandoned my mother in 2012. Since then we are living in the same house - my mother and me in the ground floor and he in the 1st floor. The house is his own.
2) Can maintenance be claimed retrospectively i.e since 2012 (OR) only from current date?
3) Though I am currently unemployed I am looking after my mother from the savings of my previous jobs. Does this capacity of mine to look after mother, absolve my father of giving maintenance to my mother?
SURESH BV, Advocate
(Expert) 16 December 2015
Your mother has every right to claim maintenance from your father. Contact an Advocate to file a case U/s.125 of the Code of the Criminal Procedure for maintenance. If your mother apprises the court that her husband has abandoned her, the court may ask her husband to pay the maintenance from the date of abandonment.
Rajendra K Goyal
(Expert) 16 December 2015
Your mother is entitled for the maintenance, she should lodge claim from date of abandonment and leave rest to court to decide.
Dr J C Vashista
(Expert) 16 December 2015
Liability of maintenance of your mother is solely upon your father. She should claim and get it.
However, all children (sons & daughters) are also liable to maintain their parents.
She (your mother) should contact and engage a local lawyer for proper advise and proceeding.
