INDIAN CITIZEN (Research Scholar) 16 October 2012

Wife forcing husband for not to care his parents

Dear All

There is one my friend, who is based in Ranchi (Jharkhand). He is married with a girl, who belongs to Ranchi itself. Both Husband and wife are staying in Ranchi. It is a love marriage. Boy belongs to Agra (Uttar Pradesh). His parents are staying in Agra. His Father is retired. His parents lack support, their health condition generally doesn’t remain well. My friend is engaged in a contract job.

He wants to provide care to his parents, but his wife doesn’t allow it. She creates many hurdles in that. There is lots of interference of their in-laws in their marital life. My friend want to visit to his parents in UP, he wants to take his wife also to his parents in UP. But his wife doesn’t want to go there. She discourages my friend to provide any sort of help to his parents.

I know personally the parents of my friend. They are very gentle in nature. They never demand of dowry. They are very caring to the wife of my friend. Even major expenditure of marriage was contributed by the parents of my friend, the family of girl contributed very little (on contrary to social tradition, where girl’s family spend more than boy‘s family).

Boy wants to settle in Agra, but his wife is forcing him to settle in Ranchi itself. My friend is very much worried about his parents. His wife harasses him mentally so much. Many times his wife threatens him to file the case of 498-A and Dowry prohibition act. Many times she threatens that she will not stay with him and goes to her parents home, and comes back home , only on the condition that his husband will not even think of his parents.

On one hand my friend is worried about his parents; on other hand he is terrified with his wife and in-laws. He is feeling himself very much helpless.

I got to know that there is one law named: Maintenance and Welfare of Parents and Senior Citizens Act, 2007. This act makes obligation to provide care to parents.

Based on this problem, I have certain queries;

1. In what way Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can help my friend to provide care to his parents?

2. In what way, he can cope legally with false threat of U/S 498-A of IPC, Domestic Violence act and Dowry Prohibition act? How he should handle his wife and save his marital life

3. In what way he can minimize the interference of his in-laws in his marital life?

4. What are the legal provisions are available in Indian justice system to help such victimized husbands?

Kindly provide your valuable opinions / advices

Thanks and Regards

Rajeev

Reply Follow

7 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 16 October 2012

Dear Rajeev,

1. The Act that you are talking about seems to be a foreign act. nevertheless parents have a right to seek maintenance from the son.

2. On how to protect yourself reasonably from a false 498a read : https://bharatchugh.wordpress.com/2012/07/07/how-to-fight-a-false-498a-case-in-india-a-step-by-step-legal-strategy/

3. Sadly there is no specific legislation or law protecting the rights of victimised men, we have to carve out our remedies from the existing flawed system only.

Good Luck !

Bharat Chugh

Advocate

INDIAN CITIZEN (Research Scholar) 17 October 2012

Dear Adv Bharat Chugh

I am very thankful to you for providing information to deal with false case of U/S 498-A.

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is not foreign act. It is act passed by Indian Parliament. for your kind review , I am attaching the copy of said act herein.

Your suggestion are helpful partly to deal with false allegation of 498-A , however I also accept that , this is not the little problem.

well, some part of problem are still remain there. How to provide care to elderly parents?

how to resist the objection raised ( for providing care to parents) by wife?

how to minimize the interference of in-laws?

in what way said related to act welfare of parents can help my freind?

in what way Hindu marriage act-1955/ Hindu personal law/ other law can help my friend?

Kindly reply me

thanks and regards

Rajeev

Attached File : 814342765 . act56of2007 pr-26.pdf downloaded: 175 times

stanley (Freedom) 17 October 2012

Originally posted by : INDIAN CITIZEN

Dear All

There is one my friend, who is based in Ranchi (Jharkhand). He is married with a girl, who belongs to Ranchi itself. Both Husband and wife are staying in Ranchi. It is a love marriage. Boy belongs to Agra (Uttar Pradesh). His parents are staying in Agra. His Father is retired. His parents lack support, their health condition generally doesn’t remain well. My friend is engaged in a contract job.

He wants to provide care to his parents, but his wife doesn’t allow it. She creates many hurdles in that. There is lots of interference of their in-laws in their marital life. My friend want to visit to his parents in UP, he wants to take his wife also to his parents in UP. But his wife doesn’t want to go there. She discourages my friend to provide any sort of help to his parents.

I know personally the parents of my friend. They are very gentle in nature. They never demand of dowry. They are very caring to the wife of my friend. Even major expenditure of marriage was contributed by the parents of my friend, the family of girl contributed very little (on contrary to social tradition, where girl’s family spend more than boy‘s family).

Boy wants to settle in Agra, but his wife is forcing him to settle in Ranchi itself. My friend is very much worried about his parents. His wife harasses him mentally so much. Many times his wife threatens him to file the case of 498-A and Dowry prohibition act. Many times she threatens that she will not stay with him and goes to her parents home, and comes back home , only on the condition that his husband will not even think of his parents.

On one hand my friend is worried about his parents; on other hand he is terrified with his wife and in-laws. He is feeling himself very much helpless.

I got to know that there is one law named: Maintenance and Welfare of Parents and Senior Citizens Act, 2007. This act makes obligation to provide care to parents.

Based on this problem, I have certain queries;

1. In what way Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can help my friend to provide care to his parents?

His parents can file for maintanence as they have no source or means and the son would have to pay them .

2. In what way, he can cope legally with false threat of U/S 498-A of IPC, Domestic Violence act and Dowry Prohibition act? How he should handle his wife and save his marital life

Handling wife is like handling a snake never knowing when the snake would bite you .
As a matter of fact i would say is easier to handle a snake since the venom can be abstracted .

But the 498 a and domestic violence act Venom can only be handled by contesting the case .By any chance have you read the book sleeping on the same bed with the enemy :-)

3. In what way he can minimize the interference of his in-laws in his marital life?

Moving out far away from them simple logic

4. What are the legal provisions are available in Indian justice system to help such victimized husbands?

Legal provisions are in favour of women and for victimized husbands the legal option if to contest the case and prove that the allegation leved are false which would take years.

Kindly provide your valuable opinions / advices

Moral of the story if wife and husband are unable lead a happy married life even after counselling and mediation and convincing each other they should go in for mutal consent terms for divorce and they should part ways rather than fighting court cases and wasting their lifes and even the hard earned money .

Thanks and Regards

Rajeev

Never Give Up (Fighter) 17 October 2012

Taking care of aged parents should be treated as utmost priority...

If wife can not support in that at least she should not oppose it. If she does not support and oppose the same that would mean time to get out of the relationship.

INDIAN CITIZEN (Research Scholar) 17 October 2012

Dear Sir

In what way Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can help my friend to provide care to his parents?

His parents can file for maintanence as they have no source or means and the son would have to pay them .

This is really a practical solution, but again there is problem in that. Son is willing to support his parents, but his wife is hurdel.

Whether under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 concerened authorities can take action against wife of son , who is opposing the support to parents?

If there is possibility of such action, then problem can be resolved to larger extent

Thanks and regards

Rajeev

stanley (Freedom) 17 October 2012

Tell his parents to file for maintanence under this act and they will get it and she cant do anything about it

MAINTENANCE OF PARENTS AND SENIOR CITIZENS

4. Maintenance of parents and senior citizens : (1) A senior citizen including parent who

is unable to maintain himself from his own earning or out of the property owned by him, shall be

entitled to make an application under section 5 in case of—

(i) parent or grand-parent, against one or more of his children not being a minor;

(ii) a childless senior citizen, against such of his relative referred to in clause (g) of

section 2.

(2) The obligation of the children or relative, as the case may be, to maintain a senior citizen

extends to the needs of such citizen so that senior citizen may lead a normal life.

(3) The obligation of the children to maintain his or her parent extends to the needs of such

parent either father or mother or both, as the case may be, so that such parent may lead a normal

life.

(4) Any person being a relative of a senior citizen and having sufficient means shall

maintain such senior citizen provided he is in possession of the property of such senior citizen or

he would inherit the property of such senior citizen:

Provided that where more than one relatives are entitled to inherit the property of a senior

citizen, the maintenance shall be payable by such relative in the proportion in which they would

inherit his property.

5. Application for maintenance : (1) An application for maintenance under section 4, may

be made—

(a) by a senior citizen or a parent, as the case may be; or

(b) if he is incapable, by any other person or organisation authorised by him; or

Explanation.- For the purposes of this section “organisation” means any voluntary

association registered under the Societies Registration Act, 1860, (21 of 1860) or any other law

for the time being in force.

(2) The Tribunal may, during the pendency of the proceeding regarding monthly

allowance for the maintenance under this section, order such children or relative to make a

monthly allowance for the interim maintenance of such senior citizen including parent and to pay

the same to such senior citizen including parent as the Tribunal may from time to time direct.

(3) On receipt of an application for maintenance under sub-section (1) after giving notice

of the application to the children or relative and after giving the parties an opportunity of being

heard, hold an inquiry for determining the amount of maintenance. (4) An application filed under sub-section (2) for the monthly allowance for the

maintenance and expenses for proceeding shall be disposed of within ninety days from the date

of the service of notice of the application to such person:

Provided that the Tribunal may extend the said period, once for a maximum period of thirty

days in exceptional circumstances for reasons to be recorded in writing.

(5) An application for maintenance under sub-section (1) may be filed against one or more

persons:

Provided that such children or relative may implead the other person liable to maintain

parent in the application for maintenance.

(6) Where a maintenance order was made against more than one person, the death of

one of them does not affect the liability of others to continue paying maintenance.

(7) Any such allowance for the maintenance and expenses for proceeding shall be

payable from the date of the order, or, if so ordered, from the date of the application for

maintenance or expenses of proceeding, as the case may be.

(8) If, children or relative so ordered fail, without sufficient cause to comply with the order,

any such Tribunal may, for every breach of the order, issue a warrant for levying the amount due

in the manner provided for levying fines, and may sentence such person for the whole, or any

part of each month’s allowance for the maintenance and expenses of proceeding, as the case

may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which

may extend to one month or until payment if sooner made whichever is earlier:

Provided that no warrant shall be issued for the recovery of any amount due under this

section unless application be made to the Tribunal to levy such amount within a peri

INDIAN CITIZEN (Research Scholar) 17 October 2012

Dear Sir

Thanks a lot. You are right. As per this Act , it is clear that Son and daughter in law ( wife of son) both are equally liable to provide care to elderly parents.

Since Son inherit the property of parents and his wife equally share it, therefore wife of Son is legally bound.

Now such women those who discourage their husband to care his parents will have legal constraints.

Thanks and regards

Rajeev