Maintenance From married daughter

Haven't heard such extreme gender neutrality under maintenance Laws of the land, but depends if "no son" there to this hypothetical old parents life and if old parents in "need of medical attention", further provided they are "below poverty lines" and also have virtually "no shelter of their own", hence collectively keeping these humane grounds a precedent may create in immediate future.  Neutrally speaking I will welcome such Orders and or wisdom of Legislative wing of the Parliament to think about it too bze either gender children are equal to any parents is it not so.... so why segregate son from daughter in times of extreme needs of old parents for maintaining them!


However if some case reference material exists on "rights and duties" of children towards their parents then do educate me of such compassionate precedents only to the point of knowledge sharing basis.

Rgds.

I have not also heard, but good question. Let us wair for  other learned members answers

I would like to know the perfect legal answer to this query too, Pranjal Sir.

Nikhil 

Yes  Parents who are unable to maintain themselves can claim from their daughter.

yes, can do.

no legal bar for it.

it is seperate thing that it is not in custom.

Thre may be remedy in THE MAINTENANCE  AND WELFARE OF PARENTS AND SENIOR CITIZEN ACT 2007
 

Although SEC 125  clause (d)  of CRPC has used the  expression 'his  father or mother' but,

Section 2(y) Criminal Procedure Code provides that words  and expressions used herein and not defined  but    defined in the Indian Penal Code have the meanings respectively  assigned to them in that Code.

Section 8 of  the  IPC lays down that the pronoun 'he' and its  derivatives are used for any person whether male or female.  Thus in  view  of section 8 Indian Penal Code read  with  section 2(y)  Criminal Procedure Code, the pronoun 'his'  in  clause(d) of section 125(1) Criminal Procedure Code also indicates a female.

Section 13(1) of the General Clauses Act lays down that  in all Central Acts and Regulations, unless  there  is anything repugnant in the subject or context, words  importing the masculine gender shall be taken to include  females.Therefore,  the pronoun 'his' as used in clause (d) of section 125(1) Criminal Procedure Code includes both a male and a  female. 

Case reff.

DR. (MRS.) VIJAYA MANOHAR ARBAT  VS KASHI RAO RAJARAM SAWAI AND ANR.    AIR 1987 SC 1100

Date of Judgement 18/02/1987

Case detail will be appear in my Shared file shortly

MY  PERCEPTIONS :

1.  There is no bar in demanding  "maintenance"  from a  "married earning daughter"  or even from a "married  NOT-earning daughter".

HOWEVER,  there is no statutory provision under any Hindu Law, as yet,    "THAT CAN COMPEL"  the  "married daughter"  to provide maintainence to her own biological parents, AFTER SHE HAS BEEN MARRIED OFF.   All such parental rights stands in  "suspension"   TILL the existance of daughters marriage.

Similarly,  a  "married non-earning daughter"  CANNOT  claim maintainance from her biological fathers family,  AFTER SHE HAS BEEN MARRIED & Staying in her husband house.

The  "Hindu Adoptions and Maintenance Act, 1956"  does not provide any relief, on both the above counts.

2.  The biological parents have not been provisioned any rights to claim maintainence from their  married earning daughter.  HOWEVER,  the parents-in-law have been covered and provisioned rights to claim maintainence from their Son's wife (i.e. married daughter-in-law).

LEGAL HITCH :
3.  However,  "IF"   the  "married earning daughter"    IS STAYING WITH HER BIOLOGICAL PARENTS,   for long enough time (due to husband being abroad or under-ground,  .OR.   due to husband being an   "IN-HOUSE"   son-in-law,   .OR.   due to  abandonment / seperation from husband or etc....)  THEN the biological parents derive rights to claim maintainence from their married earning-daughter,  EVEN IF NOW SHE BELONGS TO ANOTHER FAMILY.

4.  Under the parameters of the HSAct,  the succession rights over the  accumulated income or movable and/or immovable property, rests  ONLY & ONLY  with the Husbands family  (i.e. Husband, Childrens, in-laws etc....).

5.  In the absence of Husband + Childrens + In-laws etc....,  the right to succeed on deceased widowed daughter's property, automatically vests the biological father and his family members.

Keep Smiling .... Hemant Agarwal