Partition and maintenance
Querist :
Anonymous
(Querist) 22 December 2009
This query is : Resolved
Both my parents were my dependant till my father was alive.After his death,my mother refused to declare herself dependant on me and filed a partition suit against me.This partition suit is still being contested.Before disposal of this partition suit,can my mother file maintenance suit under CrPC or Parental Maintenance Act claiming maintenance from me?And if she does so,can the court force me to pay money in lieu of providing for her basic needs(which I'd prefer)?Is a married daughter liable to pay equal amount towards maintenance of her parents?
Arvind Singh Chauhan
(Expert) 22 December 2009
Court can allow maintenance to mother, if she is unable to maintain her self. Married daughter is not liable to maintain.
Ashok Yadav
(Expert) 22 December 2009
Parents can claim maintenance from any of their childs, and from whom they claim he is bound to maintane them.
Adv Archana Deshmukh
(Expert) 22 December 2009
If the mother is unable to maintain her self the court will grant her maintenance. And Yes, a married daughter is also liable to pay maintenance to her parents if she is earning. This position is well settled in view of HC and SC judgements.
prakash vathore
(Expert) 22 December 2009
adv archana is right, i agree with her.
Khaleel Ahmed Mohammed
(Expert) 22 December 2009
You are advised hereby that, the partition suit filed by your mother is no link with maintenance case Under section 125 Cr.Pc. If your mother files maintenance case against you, this will be maintainable , provided she must prove before court that, she is unable to maintain herself.
Querist :
Anonymous
(Querist) 25 December 2009
Thanks all the experts
adv. rajeev ( rajoo )
(Expert) 28 December 2009
it is the duty of the son to maintain the mother if she is unable to maintain herself.
