LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Gopal Krishna Behera (Advocate Orissa High Court Cuttack.)     21 October 2011

A daughter is bound to maintain her father.

A daughter is bound to maintain her father if she has sufficient means and she refuses or neglects to maintain her father unable to maintain himself.


 7 Replies

Gopal Krishna Behera (Advocate Orissa High Court Cuttack.)     21 October 2011

Section 125(1(d) , Cr.P.C. provides that if any person having sufficient means refuses  or neglects to maintain his father or mother, unable to maintain himself or herself, Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his father or mother, at such monthly rates such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct.

Gopal Krishna Behera (Advocate Orissa High Court Cuttack.)     21 October 2011

Section 20 of  Hindu Adoptions and Maintenance Act provides that a Hindu is bound, during his or her life-time to maintain his or her aged or infirm parents. Obligation to maintain them is personal, legal and absolute in character and does arise from the very existence of relationship between the parties.

ravikumarbcombl (advocate)     21 October 2011

Dear Mr.Gopal, i would like to have clarity on this, when the aged father got second marriage while the first wife is alive without  getting divorce and simply abondoned the first wife and only son through her, after the second marriage he got two more children, now first son is liable to maintain his father?

Nadeem Qureshi (Advocate/     21 October 2011

dear friends

both of you are right

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 October 2011

Here the maintenance needs to be claimed under Senior Citizen Act, 2006




Shonee Kapoor

Mahesh Phadke (R & D Manager)     27 October 2011

Dear Ravi Kumar,

This is the complicated matter, Is this a hindu couple if yes whether the first wife and her son have lodged the complaint after the 2nd marraiage to make his 2nd marriage invalid ? if No then the son is liable to provide the maintaince. If yes the result of the case will specially mention the facts about the maintainance and martial relations under Hindu marriage act.

If it is a non hiondu couple the case will be decided under respective law.  

Mahesh Phadke

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 October 2011

Yes Ravikumar,


First son would still be liable to maintain his father.





Shonee Kapoor

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads


Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query