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Nitin (Law)     20 February 2013

A very strange case all must read

I came across this very strange case.

Parents are Indian citizens and only having one son who took u the citizenship of USA and now the parents filed a complaint saying that their son left them and the government should get him back.

I am sure if instead of parents if it was the wife she can file 498a and DV and force the government to issue LOC etc but in case of parents what could be done ?



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 13 Replies

P.Bashista (Advocate)     20 February 2013

Section 125 of Cr.p.c. covers neglected parents as well. 

stanley (Freedom)     20 February 2013

There is nothing strange in this ,The parents can claim maintanence under the senior citizens act for maintanence .

Its the height of stupidity that they are asking the government to get him back . While he left for the U.S why didnt they object to it while he was under them .

P.Bashista (Advocate)     20 February 2013

Ya rightly said by Stanley. They can also claim under Maintenance and welfare of parents and senior citizen act, 2007. 

Chetan Joshi (Advisory/Advocacy)     20 February 2013

The case is for getting the son back and not maintenance.....

 

I dont think that there is a statute which can compel a son to live with his parents without a sound reason....

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

stanley (Freedom)     20 February 2013

Once he is a major there is no law in force that he can be brought back !!

Nitin (Law)     20 February 2013

Yes the case is for getting son back and not for maintenance.

 

So when a Son is major then the law cannot force him to do what Parents want then what would be the situation if he is also married then will the wife be able to file 498a against his parents ?

 

Here the parents not having any control over their son then on what ground the woman can file charges against the parents ? Also the son is not living with his parents so the parents home  cannot be claimed as the matrimonial home.

Nitin (Law)     20 February 2013

Also here the person has disowned the Country itself then how can someone blame the parents for the act of his son  and someone file 498a on them ?

rajiv_lodha (zz)     20 February 2013

Bringing back is just not possible......at the most, maint may be granted to them, that too is a very uphil task if that son does not have any immovable property back in India, as he may not vare of any litigation going on here

stanley (Freedom)     20 February 2013

In he is married and his wife is India than she can file false 498a since it is applicable only in india but if both are  in the U.S than there is no such law as 498 A which she can file .

All other ifs and butts are not teneable in the eyes of law provided if the exact allegations of the case are put forth by the author of thes posts :-)

Poonam Singhi (-)     20 February 2013

I think all the above mentioned comments taken together gives you the correct picture. Compelling a son to come back is not a possibility but claiming maintenance at best can be done.

 

Nitin (Law)     20 February 2013

MAN holding American Passport with unmarried status living in USA

PARENTS holding Indian Passport want to bring their son back to India

WOMAN holding Indian Passport married with above MAN also wants to get him back to India.

In this case can Woman file case against Parents when the Man is out of her reach ?

stanley (Freedom)     21 February 2013

Originally posted by : Nitin

MAN holding American Passport with unmarried status living in USA

PARENTS holding Indian Passport want to bring their son back to India

WOMAN holding Indian Passport married with above MAN also wants to get him back to India.

In this case can Woman file case against Parents when the Man is out of her reach ?

I see your designation ( Law ) i am suprised over the fact that you want to drag innocent parents into false cases ????

Now whats the proof that this lady is married to the boy settled in the states 

Poonam Singhi (-)     21 February 2013

There wont be any possibility of cases against the in laws as they haven't done anything illegal in the eyes of law.

I dont think the wife will have any remedy against the boys parents.


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