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Arpita Chauhan   17 May 2021

Maintenance of parents

Respected Members,

As far as I am aware, under the Hindu Adoption and Maintenance Act, a Hindu is liable to maintain his/her parents till the time they remain Hindu, then does that mean that if the parents ceases to be Hindu, the child is free of his/her responsibility towards parents and he/she is no longer liable to maintain them and also is their any other provision or Act where the parents can ask for maintenance even if they cease to be Hindu??

Please guide me.

Regards

Arpita Chauhan



Learning

 7 Replies

Sankaranarayanan (Advocate)     18 May 2021

Every children having responsibility to maintain their parents for which no need to analysis  law/s 

G.L.N. Prasad (Retired employee.)     18 May 2021

The faith at the commencement of such a relationship continues for the performance of duties. This is not like changing faith for getting the marriage for a second time.  If such perversion is legally permitted, many children may change faith to avoid/evade the responsibility of maintenance of parents.  For example, if a Hindu girl/boy married a Muslim, their rights acquired by birth continue in succession, while their children may not acquire such rights.  Because they have changed their faiths, Hindu law never disqualified them from those rights acquired by birth.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     18 May 2021

Change in the religion of the parents notwithstanding, it is the bounden duty of the Children to look after the Parents.  

Real Soul.... (LEGAL)     18 May 2021

If the parents change religion that is not going change your DNA.

even though section 125 CrPC is uniform;

Section 125 in The Code Of Criminal Procedure, 1973

125. Order for maintenance of wives, children and parents.(1) If any person having sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

1. Subs. by Act 45 of 1978, s. 12, for" Chief Judicial Magistrate" (w. e. f, 18- 12- 1978 ).

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means. Explanation.- For the purposes of this Chapter,-

P. Venu (Advocate)     18 May 2021

You have not posted material facts. In the absence of material facts, the posting is a riddle than a query.

T. Kalaiselvan, Advocate (Advocate)     18 May 2021

The parents can claim maintenance from their wards on whom they are dependants by filing a petition under section 125 Cr.P.C.

Section 20 of Hindu Adoption and Maintenance Act casts a duty on a Hindu, during his (or her) life-time, to maintain his (or her) legitimate as well as illegitimate children and his (or her) aged or infirm parents. Further, a legitimate child can claim maintenance from his or her father or mother, so long as the child is a minor.

 

However, it is expressly provided that this obligation of a person to maintain his (or her) aged or infirm parent or a daughter who is unmarried, extends only as far as such parent or unmarried daughter (as the case may be) is unable to maintain himself (or herself) out of his (or her) own earnings or property. It is also expressly clarified by S. 20 that the term “parent”, as used above, also includes a childless step-mother.

S. 20 not only substantially confirms the existing law on the point, but also goes a step further to lay down that not only a male Hindu -as was the position under the previous law- but also a female Hindu, -is now under a legal obligation to maintain the above-mentioned persons. The earlier law did not also recognise the right of an illegitimate son of a Hindu (by a Hindu woman) to claim maintenance.

It becomes a pious duty of the son to grant maintenance to his dependent parents.

Dr J C Vashista (Advocate)     19 May 2021

If the parents change their religion from Hindu to some other, children of such parents are liable to maintain them under the provisions of Maintenance of Parents and Senior Citizen Act, 2007 and / or Section 125 CrPC.

What are the facts vis-a-vis your problem/ locus standi, if it is not a time pass topic for debate ?  


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