Maintenance from daughter
Anoop Deshpande
(Querist) 28 August 2011
This query is : Resolved
Father filed case against his daughter under THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007. The daughter is married and living with her husband. She is ordinary house wife and not have earning of her own. Such case is maintainable? Kindly give me the rulings, if any.
Devajyoti Barman
(Expert) 28 August 2011
The Act is clear on that point. If she is not getting or has already got the property belonging to her parents then she is not liable for maintenance under the said Act.
The Act is still is in very nascent stage of it applicability and not much precedents are available.
prabhakar singh
(Expert) 29 August 2011
your matter is covered by section 4 of the Act and is reproduced below:.......
4. Maintenance of parents and senior citizens : (1) A senior citizen including parent who
is unable to maintain himself from his own earning or out of the property owned by him, shall be
entitled to make an application under section 5 in case of—
(i) parent or grand-parent, against one or more of his children not being a minor;
(ii) a childless senior citizen, against such of his relative referred to in clause (g) of
section 2.
(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 property of such senior 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
So advise of Mr. Devajyoti Barman would be found correct if you go through its subsection(1)sub clause(i)read with subsection(4).
A careful perusal will lead to establish that obligation is on Major children jointly and it does not say that children must have EARNINGS ,so in absence of a binding case law i am inclined to derive that it expects some kind of sacrifice on the part of children as parents do for them
during their minority for bringing them up.
Guest
(Expert) 29 August 2011
I agree with the advice of both the experts, S/Shri Davajyoti Barman and Prabhakar Singh ji.
Guest
(Expert) 29 August 2011
yes, Mr. Singh and Barman Sb are right.. yes its fact and i agreed.
