ram 20 July 2015

Whom to approach for "maintenance and welfare of parents"

My grandmother is an 80 year old lady. Her husband was an ex-service man expired long time ago. she draws about Rs.6,800/- as persion everymonth, out of which she had to spend Rs.4,000/- on house rent and additionally the electricity, water and other charges. I am her daughter's son and I am paying some money to my grandmother every month so that she could buy some food and meet other expenses. My grandmother now lives in visakhapatnam.

My grandmother has a son and he abandoned her. Her son is very rich and recently purchased 1 crore worth House in Tamilnadu and he also has some property in visakhapatnam.

Can my grandmother file a case against her son by Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Can my grandmother get some money from her Son every month as maintenance if she approachs the Court.

In such case whom should my Grandmother approach? What are the charges involved. My grandmother isn't rich to hire a private lawyer.

Please advise. Thanks in advance.

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8 Replies

G.L.N. Prasad (Retired employee.) 21 July 2015

Advise her to contact Legal Services Authority, and they will be in a position to guide her properly, including asking her to make a request through LSA in writing to son till filing of complaint to Police for neglecting her. They will be in a position to guide her without charging single paisa. and they are experienced in the same issues.

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(Guest)

agree with above expert.

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Adv. Chandrasekhar (Advocate) 21 July 2015

Senior Citizens Act, 2007 is not a good Act. It is not beneficial to her. Go to nearest metropolitan court and engage an advocate from legal aid and file Section 125 cr.p.c. maintenance case and she will get very handsome monthly amount. Within six months from the date of filing the petition, she starts to get interim maintenance.

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T. Kalaiselvan, Advocate (Advocate) 23 July 2015

As well advised by expert lawyers have, more particularly learned advocate Mr.Chandrasekar, she can find relief by filing maintenance case under section 125 cr.p.c. and also an interim maintenance application on the same lines under the same provisions of law as an interim relief. You may approach the District legal services authority from where you will get free legal assistance through their panel advocates.

G.L.N. Prasad (Retired employee.) 23 July 2015

Human angle is also involved. No mother can file suit against son, though he is not looking after her. All the efforts taken must be reflected to the concerned Court. Once LSA takes up, it first summons her son and take his counter/written statement for PLC.

This also strengthens her civil case for maintenance.

Biswanath Roy (Advocate) 26 July 2015

Simply you draft an application on behalf of your Grand mother stating her facts more particularly monitory sufferings and its need for maintenance and medical expenses, get it signed by your grandmother or put her left thumb impression on it and after affixing appropriate Court Fee stamp submit the same before the District Judicial Magistrate for relief and redress. For such purpose you can take help of the Bench Clerk of the District Judicial Magistrate.

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE) 26 July 2015

this is fit case for apporch before Ld ACJM of CJM having jurisdiction for her maintenance and file petition under DV act of 125 CrPC . But i Prefer to file petition Under DV act . If she has no financial ability she may contruct to DLS ( District Legal Service Authority)

Biswanath Roy (Advocate) 26 July 2015

As to the given facts it will be more efficacious and effective to submit a simple complaint against her son without following any provision of law to enable the Magistrate to treat the same as a complaint under a particular provision of law as to his choice which will be more effective and forceful.