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Kumar Mysore (no)     06 April 2021

In parents maintainance case, if one son filed a appeal, other 2 brothers need to pay mantainance if they not signed in the appeal case

Hi All,

A mother left her 3 sons & husband 22 years ago and started to stay with her married elder daughter. she divorced from her husband many years ago. That 3 younger children's grew under their father care. Now their father also no more & all 3 brothers married now.
That mother staying with elder daughter & also her daughter got partition from her brothers. And that mother was filed maintainance case against her 3 sons & it is ordered to pay.
Now question is If one brother filed a appeal case in the district court, if other two brothers not signed, the brothers who not signed is need to pay maintainance?
Because one brother staying away & don't know address. last brother staying in other city & because of covid 19 he cannot travel.
someone please answer & let me know best idea.

Thank you.


Learning

 1 Replies

Nirali Nayak   17 June 2021

Hello sir, greetings of the day. As per your query, yes, the two brothers who did not sign the appeal also have to pay the maintenance. Unless they challenge this appeal in the court, this decision stands true and they have to pay maintenance to their mother. According to Section 125(1) of Criminal Procedure Code, a father or mother can claim maintenance from their son or daughter. In case of Pandurang Bhaurao Dabhadev vs Baburao Baburao Dabhade, the Bombay High Court has held that the father or mother can claim maintenance from his or her son or daughter under Section 125(1)(d) if he or she is unable to maintain himself or herself. But it is also important that if parents claim maintenance from their children, children must have sufficient means to maintain their parents and yet neglects or refuses to maintain the father or mother. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 aims to make a legal obligation for children and legal heirs to provide maintenance to their parents and senior citizens. A Class I Magistrate can order a person to pay a monthly allowance for the maintenance of his wife, child, father, or mother when there is a valid proof of neglect and refusal by the man or son to maintain them. Hope this answers your question. Regards Nirali Nayak Law Student

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