Process to get maintenance for my mother

This query is : Resolved 
 

(Querist)
12 May 2016

Hi Sir,

My mother is staying with me, and my brother is not taking care of her, she want to get maintenance from my brother, can we go to court or RDO to submit the petition?

Please suggest me..


Devajyoti Barman (Expert)
13 May 2016

She can file petition u/s 125 crpc or under section 12 of PWDV Act in the Magistrate's court.

Kobaka (Querist)
13 May 2016

Thanks a lot sir

Kobaka (Querist)
13 May 2016

Hello sir, please provide the below info...
How much my mother can ask for maintenance in court?is it decided by court?or we need to fix some amount?
what are the amount deciding factors?
is it depends on monthly expenses of my mother? or earnings of my brother?

Thanks in advance

RAJU O.F., (Expert)
13 May 2016

We don't know the arrangement between yourself and your brother, for looking after your mother. Does she really require maintenance when you as another son, is looking after her? Is it your desire to share the expenses spent for your own mother. Please speak with your brother, through any respected elder relative to sort out the matter amicably, instead of dragging the matter to the Courts.

Kobaka (Querist)
13 May 2016

Thanks for reply sir

Rajendra K Goyal (Expert)
13 May 2016

Try to have amicable settlement with your brother. Take help of elders and relatives.

Sudhir Kumar (Expert)
13 May 2016

Not able to agree with following views

"Please speak with your brother, through any respected elder relative to sort out the matter amicably, instead of dragging the matter to the Courts. "


Once any brother has got rid of the responsibility of care of parent then he is not foolish enough to talk on this issue. He has N number of excuses which will appear logical.

Sudhir Kumar (Expert)
13 May 2016

solution is there in law but is theoretical.

Sudhir Kumar (Expert)
13 May 2016

pleae read

THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007

available at link


http://socialjustice.nic.in/oldageact.php

T. Kalaiselvan, Advocate (Expert)
14 May 2016

She can file a petition under section 125 cr.p.c. seeking maintenance from her son on whom she is fully depended for sustenance.

Kobaka (Querist)
18 May 2016

thanks lot for help

Sudhir Kumar (Expert)
19 May 2016

read aforesaid act the procedure is simpler.


If any son has been able to shift responsibility of parents on other then he is final winner. He cannot practically be compelled to look after them. There will be multiple reasons with him and all will be convincing. Law is there to help you but if you take help of law you will just be making a fool of yourself.



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