Maintenance Tribunal for mother while father is alive

Querist : Anonymous (Querist) 25 December 2009 This query is : Resolved
1.Can a mother claim maintenance from her expatriate son under Parental Maintenance Act2007 in maintenance tribunal while her husband is still alive,financially very rich and has never left her alone?This mother doesn't have any property of her own-everything is in her husbands name.But she has lots of jewellery and earns rental income of >4000.00Rs.per month and she has Rs.4lakh Kisan Vikas Patra.

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Adv Archana Deshmukh (Expert) 25 December 2009
Mr Anonymous this query was asked before some days and now the same is being repeated again...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 has property and is living with her husband, who is financially sound and is maintaining her.

Querist : Anonymous (Querist) 25 December 2009
Adv Archana,please clarify whether there is any difference between maintenance of parents act 2007 and sec125 of cr.p.c.regarding this point.I specifically repeated this question as I have been told by two senior lawyers in Kolkata that mother can very well ask for maintenance from her son under this new act even though she is living with her husband who has not deserted or divorced her.

prakash vathore (Expert) 25 December 2009
hi,
archana is right, the learned advocate might b trying to misguide u.

Adv Archana Deshmukh (Expert) 25 December 2009
Dear Mr Anonymous,
Please go through S.4 of the maintenance of parents and senior citizens act 2007 carefully, which clearly says, "parent who is unable to maintain himself from his own earning or out of the property owned by him". So if the parent has the resources to maintain herself, where does the question of maintainance arise? All you need to do is to put up your case properly, and give proof of the fact that she has property and also that she is living with her husband, who is financially sound and is maintaining her. So no need of maintainance from the son.. So far as S.125 of cr.p.c is concerned there also the requirement for obtaining maintainance is the same.
I hope I've been able to clarify my point to your satisfaction.