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2007 senior citizen act vs interim maintenace

Can I use 2007 senior citizen act as an excuse to reduce maintenance? Can I say that if I do not provide financial support to my parents then they can also file a case on me. Here are the details of 2007 senior citizen act.

https://en.wikipedia.org/wiki/Maintenance_and_Welfare_of_Parents_and_Senior_Citizens_Act,_2007

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4 Replies

Udaya Shankar. C (Retired) 22 January 2014

Yes, While giving statement of you expenses and income and also liablities/ assets etc., definitely you will have to mention as to the fact that old age parents are depending on you and for their maintainance and medical expenses at least Rs.30,000/- required per month considering the present cost of living index.

As a citizen of India, you are liable to honour the seniro citizen maintainance Act.

T. Kalaiselvan, Advocate (Advocate) 23 January 2014

@Dhanesh: This is a valid excuse, infact it is a genuine reason while arguing for refusal or for considering lesser maintenance amount. It is your filial duty to maintain your parents and taking care of their medical needs as well, hence your income will be spent on it to a considerable size, therefore you are left with hardly anything to provide her, but ensure that you are really maintaining your parents or else you will be in trouble. Also bear it in mind that it becomes your duty to maintain your wife too.

fighting back (exec) 23 January 2014

@kalaiselvan............appreciate your advice given to the queriest, however, i would like to know, how correct would it be, if there are two brothers involved, and that husband claims that he has to maintain his parents, but, his brother is also earning very well, so in court, wont the court suspect that the other son might also be paying for the maintainence of the parents, so the parents are not totally dependant on one son only. so in order to save money, the husband has made the claim that he alone is maintaining the parents.