Plight of a 85 year old mother
vijayalaxmi
(Querist) 30 April 2009
This query is : Resolved
Hi,
I came across a female aged 85 years, who is abandoned by her children. She is virtually homeless and is living on road.Her neighbour wants to help her by admitting her in an old aged home. But she does not to take any liablity in future.Please could you answer the following questions which her neighbour came across while admitting her to an old aged home.
1) Can an affidavit stating that on account of any illness, death of the lady, her neighbour and the concerned old aged home is not held liable by anyone, including her children.
2) Can her children be compelled by law to take care of her?
3) Is she entitled for any maintainance from her 2 sons. Also can a unmarried, married or widowed daughter/daughters can be held responsible for maintainance.
4) Can her sons or unmarried, married or widowed daughter/daughters be punished by law for ill-treating their mother.
5)Can a criminal case be registered against her children. If yes, please could you explain the procedure to be followed.
adv. rajeev ( rajoo )
(Expert) 30 April 2009
old women is entittled to claim the maintenance from her 2 sons. Affdavit can be sworn like what u have asked in ur question.Police complaint can be filed but it doesn't work out.
Best way is to file maintenance petition u/s 125 of cr.p.c.
K.C.Suresh
(Expert) 01 May 2009
1) Can an affidavit stating that on account of any illness, death of the lady, her neighbour and the concerned old aged home is not held liable by anyone, including her children.
ANSWER: Her children and old age home is liable if there is any thing done in negligence or intentional.
2) Can her children be compelled by law to take care of her?
ANSWER: Yes. Under S.125 cr.P.c
3) Is she entitled for any maintainance from her 2 sons. Also can a unmarried, married or widowed daughter/daughters can be held responsible for maintainance.
ANSWER: Yes.
4) Can her sons or unmarried, married or widowed daughter/daughters be punished by law for ill-treating their mother.
ANSWER: Yes
5)Can a criminal case be registered against her children. If yes, please could you explain the procedure to be followed.
ANSWER: Yes
