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Mukesh (Associate)     19 August 2011

Care one's own mother

I have married a girl, who is single daughter of her father in her but have four brothers. We married in last March 2011. Her father was expired in last Dec 2010. Her father was a reputed person in the area, and was having a desire to perform his daughter marriage in a splendid way, but unfortunately he died. After his death, his all the four sons have become very selfish and did not get proper responsibility to make their sister marriage properly. Somehow, it happend. But now the problem is that they are not taking care of their own mother. All the four brothers are married and fights daily in each other and they dont want to take care of their mother at all. Mother is not well since father death and she cannot move more. Everyday, she has to beg for food. Their sons are fighting for property also.

Due to this me and my wife are very dipressed and sad.  Is there any law where we can teach any lesson to those selfish brothers. Is there any right for daughter.

 

Note: By the way, I want to say that currently we are not in India and I am working outside India. So, Can we do anything being outside country also?

   

Please guide me with your suggestions.

   

 

 



Learning

 7 Replies

Shastri J.K. (Practice in The High Court of Chhattisgarh)     19 August 2011

Mother can go before court for her maintanace and also for her share in the property if any.   sons and daughter both have same right & duties. for details u may contact on-9826684576.

Mukesh (Associate)     19 August 2011

Hi Shastri Ji,

Thanks a lot for your kind suggestions.

Well, I want to say one more thing that mother can not move much. She is not able to walk much. She cannot believe on any of his son. So, just want to know if any other person can file any case on behalf of her or her daughter because daughter is also not in India now.

Regarding the property, this is all in her name only. She is the only owner of all the property now.

She has a weak point that, she easily believe on her sons and she cannot say anything laudly (angrily). She is very kind and never want to hurt anybody.

Female Activist (housewife)     19 August 2011

mukesh, take this old lady with you

Roshni B.. (For justice and dignity)     19 August 2011

I am very pleased to note your concern for your mum-in-law,Mr. Mukesh.I hope more and more people become caring towards elderly people,like you are.

 

I agree with female activist that you should bring along your mum-inlaw to live with you.As you already said that she is a soft,kind person.So she will also adjust easily  in your household.

Otherwise if she is harmed in that hostile environment,your wife may get severely depressed,as she has lost her father,is not loved by her brothers,and now loses her mum too.

 

You must become a son to her.This will also make you very respectful in the eyes of your wife also.

 

Good luck!


(Guest)

@Mukesh

Right now you have to take care of her mother . 

File a case for maintenance under section 125

or

file an application uder section 5 for maintenance.THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 

 

MAINTENANCE OF PARENTS AND SENIOR CITIZENS 

 

          4.  Maintenance of parents and senior citizens : (1) A senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application under section 5 in case of— 

                 (i)  parent or grand-parent, against one or more of his children not being a                      minor; 

                 (ii)  a  childless  senior  citizen,  against  such  of  his  relative  referred  to  in                  clause  (g)  of section 2. 

         (2) The obligation of the children or relative, as the case may be, to maintain a senior citizen extends to the needs of such citizen so that senior citizen may lead a normal life. 

         (3) The obligation of the children to maintain his or her parent extends to the needs of such parent either father or mother or both, as the case may be, so that such parent may lead a normal life. 

         (4)  Any  person  being  a  relative  of  a  senior  citizen  and  having  sufficient  means  shall maintain such senior citizen provided he is in possession of the property of such senior citizen or he would inherit the property of such senior citizen: 

         Provided that where more than one relatives are entitled to inherit the property of a senior citizen, the maintenance shall be payable by such relative in the proportion in which they would inherit his property.

 

         5.  Application for maintenance : (1) An application for maintenance under section 4, may be made— 

                 (a) by a senior citizen or a parent, as the case may be; or 

                 (b) if he is incapable, by any other person or organisation authorised by him; or 

                 (c) the Tribunal may take cognizance suo motu. 

         Explanation.-  For  the  purposes  of  this  section  “organisation”  means  any  voluntary association registered under the Societies Registration Act, 1860, (21 of 1860) or any other law for the time being in force. 

         (2)    The  Tribunal  may,  during  the  pendency  of  the  proceeding  regarding  monthly allowance  for  the  maintenance  under  this  section,  order  such  children  or  relative  to  make  a monthly allowance for the interim maintenance of such senior citizen including parent and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct. 

         (3)    On receipt of an application for maintenance under sub-section (1) after giving notice of the application to the children or relative and after giving the parties an opportunity of being heard, hold an inquiry for determining the amount of maintenance.        

 (4)    An   application   filed   under   sub-section   (2)   for   the   monthly   allowance   for   the maintenance and expenses for proceeding shall be disposed of within ninety days from the date of the service of notice of the application to such person: 

         Provided that the Tribunal may extend the said period, once for a maximum period of thirty days in exceptional circumstances for reasons to be recorded in writing. 

         (5)    An application for maintenance under sub-section (1) may be filed against one or more persons: 

         Provided  that  such  children  or  relative  may  implead  the  other  person  liable  to  maintain parent in the application for maintenance. 

         (6)    Where  a maintenance order was made against more than one person, the death of one of them does not affect the liability of others to continue paying maintenance. 

         (7)    Any  such  allowance  for  the  maintenance  and  expenses  for  proceeding  shall  be payable  from  the  date  of  the  order,  or,  if  so  ordered,  from  the  date  of  the application  for maintenance or expenses of proceeding, as the case may be. 

         (8)    If, children or relative so ordered fail, without sufficient cause to comply with the order, any such Tribunal may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person for the whole, or any part of each month’s allowance for the maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made whichever is earlier: 

         Provided  that  no  warrant  shall  be  issued  for  the  recovery  of  any  amount  due  under  this section unless application be made to the Tribunal to levy such amount within a period of three months from the date on which it became due. 

 

         6.    Jurisdiction  and  procedure  :  (1)  The  proceedings  under  section  5  may  be  taken gainst any children or relative in any district— 

                 (a) where he resides or last resided; or 

                 (b) where children or relativeresides. 

         (2)  On  receipt  of  the  application  under  section  5,  the  Tribunal  shall  issue  a  process  for procuring the presence of children or relative against whom the application is filed. 

         (3)    For securing the attendance of children or relative the Tribunal shall have the power of a Judicial Magistrate of first class as provided under the Code of Criminal Procedure, 1973. (2 of 1974) 

         (4)    All  evidence  to  such  proceedings  shall  be  taken  in  the  presence  of  the  children  or relative against whom an order for payment of maintenance is proposed to be made, and shall be recorded in the manner prescribed for summons cases: 

         Provided that if the Tribunal is satisfied that the children or relative against whom an order for  payment  of  maintenance  is  proposed  to  be  made  is  wilfully  avoiding  service,  or  wilfully neglecting to attend the Tribunal, the Tribunal may proceed to hear and  determine the case ex parte. 

         (5)    Where the children or relative is residing out of India, the summons shall be served by the Tribunal through such authority, as the Central Government may by notification in the official Gazette, specify in this behalf. 

         (6)  The  Tribunal  before  hearing  an  application  under  section  5  may,  refer  the  same  to  a Conciliation Officer and such Conciliation Officer shall submit his findings within one month and if amicable settlement has been arrived at, the Tribunal shall pass an order to that effect. 

         Explanation.- For the purposes of this sub-section “Conciliation Officer” means any person or representative of an organisation referred to in Explanation to sub-section (1) of’ section 5 or the Maintenance Officers designated by the State Government under subsection (1) of section 18 or any other person nominated by the Tribunal for this purpose. 

 

Anoop Deshpande (lawyer)     28 August 2011

Kindly post legal replies not emotional.....

Adv. Chandrasekhar (Advocate)     28 August 2011

we can think about the method by which the daughter herself or the power of attorney of the daughter can file a case on behalf of mother.  But what will happen?  In the court, the mother sides (as you suggested that she does not want to annoy sons) with her sons, and the daughter will lose the case.


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