Kalpana
03 June 2019 at 16:41
Sir 5months back I filled divorce and my husband filled rcr...but ambically solved issues so I got my case withdrawn with a joint memo..but his rcr is still pending but we are living together. .I have a doubt regarding the following.
1.whether my husband can stop me from seeing my parents.
2.whether can he stop my daughter seeing my parents.
3.if he is calling me for case with drawl with a written statements..in what ways I shall be safe.
Please guide me sir..
AASHISH KUMAR
03 June 2019 at 15:43
Hello,
currently i am living at delhi and i want to disown my child becasue he got court marriage with that girl who is not good always threating us for dowry & etc so i want to disown my child is this good way to protect or if any please guide.
smita
03 June 2019 at 15:06
Learn the Legal Protections and State Assistance That Senior Citizens Have in India
According to the Population Census 2011, there are nearly 104 million elderly persons (aged 60 years or above) in India; 53 million females and 51 million males.
by Vidya Raja
December 14, 2017, 9:46 am
An ageing population is a global phenomenon. Elder persons in society face a number of problems due to the absence of assured and sufficient income to support themselves for their healthcare and other social securities. Loss of a social role and recognition and non-availability of opportunities for creative and effective use of free time are also becoming a matter of great concern for elderly persons.
The trend clearly reveals that ageing will emerge as a major social challenge in the future; and vast resources will be required towards the support, service, care and treatment of the elderly persons, according to report titled – Elderly in India, published in the year 2016.
According to the Population Census 2011, there are nearly 104 million elderly
persons (aged 60 years or above) in India; 53 million females and 51 million
males.
Promotion
In 2007, India enacted The Maintenance and Welfare of Parents and Senior Citizens Act, with a view to ensure need-based maintenance for parents and senior citizens and their welfare.
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Here are some of the salient features of the Act:
This Act is superior to every other act and has an overriding effect on every other law for senior citizens.
Who can avail the benefits of this Act?
• Senior Citizens – over 60 years of age
• Parents – Mother/Father/Stepfather/Stepmother of any age
Who are Children and Relatives?
• Children could refer to any adult son/daughter and also grandson/daughter
• Relatives – If the senior citizen has no children, then the legal heir, that is one who is either in possession of the property of the senior citizen or would inherit it.
• All children are liable to provide maintenance for their parents.
What is defined as property by the Act?
• Movable or immovable property
• Tangible or intangible property
• Ancestral property as well as self-acquired
• Rights or Interests in such property
In many cases, ancestral property, on which multiple claims may exist, was being used as a loophole to avoid providing maintenance for senior citizens. Now that loophole has been plugged.
What is Maintenance?
Maintenance is the sum of money that a senior citizen gets to ensure their welfare.
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The maximum amount, which may be ordered for maintenance of a senior citizen shall be prescribed by the State Government and shall not exceed Rs 10,000/- per month.
This includes:
• Food
• Clothing
• Residence
• Medical Attendance – the right to have nurses or helpers at home
• Medical Treatment.
Under what circumstances can senior citizens claim maintenance?
Senior citizens can only claim maintenance if they are unable to maintain themselves from property owned or from own earning.
Such claims can be made upon:
• One or more children or grandchildren, who are not minors.
• In case of a childless senior citizen, a relative as defined above
Who can apply for maintenance?
• The senior citizen himself
• Any other person or registered voluntary organisation authorised by them
• The Tribunal itself can initiate an enquiry
Where does one file this application?
The application for maintenance may either be filed in the district where the senior citizen stays or last stayed, or in the district where the child or relative stays.
What is the procedure involved?
Once the application for maintenance under Section 4 has been submitted, the Tribunal will issue a notice to the children.
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They will have the opportunity of being heard. The application must be disposed of within 90 days, with an extension of 30 days under extreme circumstances that need to be recorded in writing. The Tribunal shall determine the amount to be paid, subject to a maximum of Rs 10,000
When should maintenance be paid?
Children are liable to start paying legal costs as well as maintenance from the day of the order, or if so ordered by the Tribunal, from the day that the application was filed. Upon the death of one child, other children continue to be liable. If one of the children dies, their portion of the maintenance must be taken care of by the remaining children. Failure to comply with the order of the Tribunal is punishable with levy of fines, or even imprisonment for up to a month.
While this Act does empower senior citizens and gives them an assurance of being looked after, the real test is only when it actually transpires into tangible action.
Lavanya
02 June 2019 at 17:22
My sister is divorced in 2018. Can we ask for maintenance for her and her 4 years old daughter.She is working now and we plan to have custody case for the kid also.
Anonymous
02 June 2019 at 00:26
My husband was issued arrest warrant in USA for child abuse but he absconded from America. Now I am in India with my 2 daughters. He left us without even paying monthly maintenance. When my family approched him for settlement he is trying to pay me minimal amount with terms and conditions benificial to him.Is there anyway that this guy can be brought to justice?
Please advice how to proceed further.
Thanks in advance!
Anonymous
01 June 2019 at 12:20
Dear Sir/Madam,
I am fighting false 498a/406/DV/125 since last 3 years. Interim maintenance already fixed under domestic violence. I have filed 13a, on basis of Cruelty and Desertion. I would like to know the scenario of HMA 24 maintenance?
I would like to know:
1. How court used to deal with multiple maintenance ?
2. Is there any preference of awarding maintenance under HMA 24?
3. Maintenance proceedings will go in every case, however, highest one will be given. Is it followed generally ? Or any case specific preference, like husband want to give divorce so more maintenance to be rewarded in HMA 24?
4. If at all two other cases 125/DV, maintenance proceedings already happened, even than maintenance can be allowed to be contested under HMA 24?
(Key information : One child of five year living with Wife, Wife is lecturer in college, She is highly qualified and skilled)
Deepak
31 May 2019 at 11:54
Hi,
I have filed the divorce petition against my wife 4 yrs back and wife filed section 125 maintainance against me on which i have to pay now 9 lakhs rupees. Now i lost my job with all this and i have no income to pay such amount. Now i have following queries
1- is it possible that amt can be recovered from my mothers property?
2- i have flat on my name but registry is not yet done and having the bank loan as well on this flat... can this be attached?
3- what are the other actions may happen againt me ?
Surya kkkkk
30 May 2019 at 17:00
When I emailed ministry of home affairs for disclose 2nd marriage status in there records they replied back saying "requested to approach the Hon’ble Court to issue directions for furnishing the documents regarding the second marriage of your wife"
Please help me what can I file case in Hon’ble Court to issue directions for furnishing the documents regarding the second marriage of wife
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List of Stridhan absent in 406 IPC
Sir/Madan,
My wife filed 498a,406,506,323 IPC in Sep 2015. We met a compromise in Oct 2015 and started living together. But now she has again left me.I have filed section 9. But now I filed RTI in my case mentioned above(which was setteled),where I received the reply that at that time in respect of the IPC406 the list of stridhan was not supplied by the complainant. But the above mentioned FIR shows"the list of stridhan is attached herewith". Which shows the contradiction.Can I take any legal step in this matter ?