How to claim money wrt Maintenance and Welfare of Parents and Senior Citizen Act from our only daughter?
We invested lakhs, for her to acquire 'vocational' qualifications with the assurance that she will stand by us subsequently in need.
But after marriage she had been rendered 'homemaker', and my son-in law is well off.
We(I and with my wife), on our own, finding it almost impossible to fend for ourselves with my medical expenses.
Under the above scenario, could I seek monetary assistance from my married daughter? If yes, how?
| Originally posted by : Sudipta Madhab Basu | ||
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How to claim money wrt Maintenance and Welfare of Parents and Senior Citizen Act from our only daughter?We invested lakhs, for her to acquire 'vocational' qualifications with the assurance that she will stand by us subsequently in need.But after marriage she had been rendered 'homemaker', and my son-in law is well off.We(I and with my wife), on our own, finding it almost impossible to fend for ourselves with my medical expenses.Under the above scenario, could I seek monetary assistance from my married daughter? If yes, how? |  |
Basu Ji,
I wish I could adopt you, read that as take care of your medical expenses. But my expenditure list towards my loved one's are too much, and I cannot afford right now.
I have dedicated my life to the well being of my loved one's, elders, parents to be precise.
You can ask your daughter to seek counselling from me. I can provide free counselling.
The following legal options available to you.
Mother and Father
Both the mother and the father, whether natural or adoptive, can claim maintenance from any one or more of their children. Daughters are also liable to pay maintenance to the mother and the father. A step-mother can claim maintenance only if she is a widow and does not have natural-born sons or daughters.
Conditions for Granting Maintenance:
Person from whom maintenance is claimed must have the ability to pay maintenance. Ability means being employed, owning land, having a source of income or having a healthy body capable of work.
The person must have neglected the claimant or refused to pay maintenance.
Persons claiming maintenance must be unable to maintain themselves. If a person is healthy, adequately educated or capable of pursuing gainful employment no maintenance is given. Wives and elderly parents are generally given maintenance. The mere fact that the wife is earning does not disentitle her from claiming maintenance. The question is whether she is able to maintain the same standard of living that subsisted prior to the neglect or divorce with her own earnings without having to depend on another.
What is the Amount of Maintenance that can be given?
Maintenance orders under Section 125 can be heard only by the Judicial Magistrate of First Class. She can order a monthly allowance of maintenance that she deems just and fair. This is usually decided after considering the income of the person, the standard of living that is consistent with the status of the claimant and the separate earnings, if any, of the claimant. The maintenance must aid in ensuring the same standard of living for the claimant. It must neither be so plentiful that it tempts the claimant to rely solely on maintenance nor so pitiful that it pushes the claimant into vagrancy or a lower standard of living.
Maintenance is payable either from the date of order of payment or from the date of application for maintenance, depending on the court’s judgment of the cooperation and decent behaviour demonstrated by the parties.
A second application of maintenance is allowed under Section 125 and the quantum of maintenance can be enhanced with passage of time or change in material circumstances and prices.
Where Can Maintenance Proceedings be Filed?
Parents can file maintenance proceedings in any place where :
they reside; or
the child resides.
Enforcement of Maintenance Order
After a maintenance order is passed, a copy of the order must be supplied to the claimant free of cost. The person who is ordered to pay maintenance must obey the court order. The failure to pay maintenance without sufficient reason will result in a court warrant for collecting the amount due. The court warrant can attach any immovable property or salary of the person. If the person does not pay maintenance even after the warrant is executed, the person is liable to imprisonment for a maximum of 1 month or until the amount is paid, whichever is earlier. The application for enforcement of maintenance must be filed within 1 year from the date on which it became due. Otherwise the application will be dismissed.
May the good Lord guide your daughter so that, she will take care of you both.
File a petition under section 125 crpc. First sent a handwritten notice to her and give 1 month time for her to reply. Then if she does not reply file case. Keep all correspondence papers always. No need to contact lawyer for this. You can send notice via E-mail too.
