Maintenance claim by husband
Querist :
Anonymous
(Querist) 05 February 2011
This query is : Resolved
Respected Experts,
Do a aging person(husband)who is deserted by his family can claimed maintenance from his wife(doing Government job)and two sons (both doing government job).
Moreover he is the person made all possible thing to get job to them during his earning time.
if YES pliz enlighten me in detail under which provision of law.
Again sir!! pliz attach latest ruling by the SUPREME Court/High Court,on
Incomeless Husband right to Maintenance from wife
AND
Aging Father right to get maintenance from son.
Devajyoti Barman
(Expert) 05 February 2011
A father unle to mantain himself can claim for maintenance both from his son under Senior Citizens Act and u/s 125 of crpc for which no decision of any court is needed . These are statutory rights of a father.
Querist :
Anonymous
(Querist) 05 February 2011
@ Devajyoti Barman THANK'S YOU SIR FOR RESPONSE!!
AND SIR WHAT ABOUT Husband right to CLAIM Maintenance from wife??
Devajyoti Barman
(Expert) 06 February 2011
Yes he can from his wife as well but only if some matrimonial proceeding like suit for divorce or rcr is pending.
Querist :
Anonymous
(Querist) 06 February 2011
@Devajyoti Barman Sir pliz it is really gratefully by you if you describe in detail.
Devajyoti Barman
(Expert) 06 February 2011
Engage a lawyer who would help you to understand in detail.
Querist :
Anonymous
(Querist) 06 February 2011
O.k. sir I will but before that why not from braveheart like you.
Sir my question is about person deserted by wife and sons. the PERSON don't want divorce from his wife rather if possible he want to live with them,but they are not allowing him.
Under above do Person(husband)has right to claim maintenance from his wife(having permanent govt.job).
Uma parameswaran
(Expert) 06 February 2011
Senior Citizen Act is also there to protect the rights of senior citizens.
Advocate. Arunagiri
(Expert) 06 February 2011
The son is bound to protect / maintain his father. If he is not doing his duty, file a police complaint.
Querist :
Anonymous
(Querist) 06 February 2011
THANK'S YOU ALL FOR RESPONSE AND ENLIGHTENING ADVICE.
NOW i do understand and clear about the father right to claim maintenance from son.
but need further guidance from you all for
"husband right to claim maintenance from his wife(having permanent govt.job)."
Guest
(Expert) 15 May 2011
125. Order for maintenance of wives, children and parents.
(1) If any person leaving sufficient means neglects or refuses to maintain-
(a) His wife, unable to maintain herself, or
(b) His legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) His legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) His father or mother, unable to maintain himself or herself,
as per 125 of Cr.P.C. wife can claim maintenance. So husband cannot claim maintenance at any point.
