Maintenance

Avishek (Querist) 11 January 2014 This query is : Resolved
can neglected parents ask for maintenance under Article 226 of the Constitution of India from their ward?
If they can,kindly provide me some case reference wherein the high court has exercised its discretionary jurisdiction under Article 226 of the Constitution of India to pass order of maintenance to parents.

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Dr. Jyothi Vishwanath (Expert) 12 January 2014
There is separate law for maintenance of parents. You can proceed under that.

Dr J C Vashista (Expert) 12 January 2014
Why do you want invoke Article 226, which is not meant for the purpose?
Section 125 Cr. PC as well as Maintenance of Parents Act is available for the same.

malipeddi jaggarao (Expert) 12 January 2014
You can claim maintenance under the Maintenance of Parents Act. Please refer to the Act which is available on internet.

ajay sethi (Expert) 12 January 2014
make application under maintenance of senior Citizen act .

Adv. Chandrasekhar (Expert) 12 January 2014
S. 125 Cr.P.C. is the better option. Senior Citizens Act has not come into force in several states for non-declaration of rules and necessary notifications and more over its provisions lack teeth.

Raj Kumar Makkad (Expert) 12 January 2014
High Court shall not intervene when a specific law is available for your help.

T. Kalaiselvan, Advocate (Expert) 14 January 2014
It is better to file a petition u/s 125 of Cr. P.C. which is the best and immediate solution for the problem.

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