Maintenance of parents
Querist :
Anonymous
(Querist) 21 December 2009
This query is : Resolved
1.Can a mother claim maintenance from her expatriate son while her husband is still alive,financially very rich and has never left her alone?This mother doesn't have any savings/properties of her own-everything is in her husbands name.But she has lots of jewellery and earns rental income of >4000.00Rs.per month.
2.How can a son settled in USA reply to summons from maintenance tribunal if he is unable to come to India.Can he give a written reply by post or email to maintenance tribunal and would such a reply be acceptable to M.T.?Can he send any blood relative to M.T.to represent him?
3.How can an expatriate son seek more time from M.T.without coming to India and how much time may he get to appear before M.T.?
4.As the mother is seeking maintenance from son while enjoying blissful conjugal life with her rich husband,shouldn't she be asked to prove her financial plight before M.T.first?
5.If this suit is deemed as frivolous,can the son demand adequate compensation and expenses from the petitioner?
Adv Archana Deshmukh
(Expert) 21 December 2009
If the mother is living with her husband who is maintaining her she has no right to claim maintenance from her son. Maintenance is granted only if the parent is unable to maintain himself / herself. She will have to prove it first, and the son can file proof of the fact that she is living with her husband, who is financially sound and is maintaining her.
Querist :
Anonymous
(Querist) 21 December 2009
I need a good civil lawyer in Kolkata to fight this case.Please give me some references urgently.
Raj Kumar Makkad
(Expert) 21 December 2009
Opinion of Archna is on behalf of all of us.
Querist :
Anonymous
(Querist) 21 December 2009
Please reply to questions 2,3 and 5:
2.How can a son settled in USA reply to summons from maintenance tribunal if he is unable to come to India.Can he give a written reply by post or email to maintenance tribunal and would such a reply be acceptable to M.T.?Can he send any blood relative to M.T.to represent him?
3.How can an expatriate son seek more time from M.T.without coming to India and how much time may he get to appear before M.T.?
5.If this suit is deemed as frivolous,can the son demand adequate compensation and expenses from the petitioner?
Querist :
Anonymous
(Querist) 25 December 2009
Thanks to all the experts.
