Process to get maintenance for my mother
Kobaka
(Querist) 12 May 2016
This query is : Resolved
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, Advocate
(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, Advocate
(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, Advocate
(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.
