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Chandan (Student)     30 January 2015

Interesting maintenance case

lady named kunthi had an affair in teenage and gave birth to a female child (later named "jaraji") and abandoned it, later she married other guy and had 3 legitimate sons. husband of kunthi was a gambler and lost all property and committed suicide, without proper income kunthi couldn't take care of her sons and they all grew up to be malnourished usesless guys with no income. on the other hand "Jaraji" illegitimate daughter of kunthi grew up in some orphanage, worked hard and became wealthy woman and married a wealthy guy. now Kunthi has no income or property to survive and her 3legitimate sons also don't have any income, so kunthi decided to ask maintenance from her illegitimate daughter Jaraji and filed a petition for order of maintenance.

Answer these question please:)

1) Does illegitimate daughter has the obligation to maintain her parents?

2) does kunthi has a moral or legal right to ask jaraji for maintenance?

3) kunthi has 3legitimate sons, if at all she could claim maintenance from them & therefore, does kunthi's application fails for non-joinder of necessary parties?

4) whether a married daughter is also liable to maintain her parents even though her parents have legitimate sons?



Learning

 10 Replies

T. Kalaiselvan, Advocate (Advocate)     31 January 2015

There is no end for such academic and hypothetical queries.  Come out with background details or facts.  A mother cannot identify her abandoned child at a later stage so it is not  practical.  Moreover the child has been abandoned hence the mother has no right to claim maintenance from her. She canclaim maintenance from her sons.

1 Like

Anish Thakur 7018812737 (advocate)     31 January 2015

Illegimate children have obligation to maintain parents but in your case and query the illegimate daughter is not under obligation to maintain parent as she had survived at her own and without any support from the parents ,
1 Like

Anish Thakur 7018812737 (advocate)     31 January 2015

Illegimate children have obligation to maintain parents but in your case and query the illegimate daughter is not under obligation to maintain parent as she had survived at her own and without any support from the parents ,

Anish Thakur 7018812737 (advocate)     31 January 2015

Illegimate children have obligation to maintain parents but in your case and query the illegimate daughter is not under obligation to maintain parent as she had survived at her own and without any support from the parents ,

Anish Thakur 7018812737 (advocate)     31 January 2015

Illegimate children have obligation to maintain parents but in your case and query the illegimate daughter is not under obligation to maintain parent as she had survived at her own and without any support from the parents ,

Anish Thakur 7018812737 (advocate)     31 January 2015

Illegimate children have obligation to maintain parents but in your case and query the illegimate daughter is not under obligation to maintain parent as she had survived at her own and without any support from the parents ,

Isaac Gabriel (Advocate)     31 January 2015

Our family system consists of all these ticklish problems which  need to be addressed in a positive way,. Illegitimate children are entitled for share in the property of parents.So also  the responsibility of  taking care of the parents ,which is legitimate and bounden on the children .. It is the inherent duty of the so called illegitimate daughter Jaraji to involuntarily  take care of her mother without recourse to legal order.

1 Like

Dr J C Vashista (Advocate)     01 February 2015

I agree with experts, however, it is an academic query.

1 Like

Chandan (Student)     06 February 2015

what are the provisions of law to defend jaraji?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 February 2015

Jaraji can not be defended, the case on same grounds has been decided against her by a High Court.

 

Is this is a moot court query.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com


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