Father right in son salary

There is no hard and fast rule for calculation of maintenance allowance,quantum of allowance depends on income,liabilities and discretion of court,generally one-fifth of  income.Minimum allowance may be fixed as per follows to State Amendment of Cr.P.C.

Thanks Minansu, 

if my father earn 17K then i also liabal to Maintenance allowance .

Learned experts/members have given valuable advice. Kindly follow it.

Dependant Parent can file petition under: MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 or under Section 125 Criminal Procedure Code.

It is the bounden duty of a child to maintain his/her parents, if the parents do not have their own source of income, or, they are incapable of looking after themselves.

Dependant Parent: one who is firstly senior citizen namely 60 years or more and secondly who has no means to maintain himself from his own earning or out of the property owned by him.

The Maintenance and Welfare of Parents and Senior Citizens Bill, 2007:

Senior citizens who are unable to maintain themselves shall have the right to apply to a maintenance tribunal seeking a monthly allowance from their children or heirs

The Bill caps the maximum monthly allowance at Rs.10, 000/- per month.

Punishment for not paying the required monthly allowance shall be Rs 5,000 or up to three months imprisonment or both.

Only parents may appeal against the decision of the maintenance tribunal. Neither childless senior citizens nor children are permitted to appeal.

While the parent shall submit affidavit citing needs and standard of living the children may highlight his financial capacity to pay. Court is to decide.

If you are more than one brother or sister al of you can jointly decide to share the responsibility.

Kindly approach your lawyer who may opine that a settlement can be drafted and amount may be paid under acknowledgment and thus evidence and proof remains with children and parent. This shall avoid the whispers in the society which are unpleasant. You may go for it only if it is legally valid and deemed sufficient.

If decision rendered by court is prefered it is sufficient in itself.

All of you can sit and draft a settlement amongst yourselves and pay by cheque.

You may find the attachements useful.

Bombay HC: Pandurang Bhaurao Dabhade Vs Baurao Dabhade and onr

Bombay HC: Dr. Vijaya Manohar Arbat Vs Kashirao

SC: Dr. Vijaya Manohar Arbat Vs Kashirao

Kerala HC: M. Areefa Beevi Vs Dr K M Sahib

Bombay HC: Baban Alias Madhav Dagadu Dange Vs Parvatibai

SC: Kirtikant_D._Vadodaria_vs_State_Of_Gujarat_&_Anr_on_26_April,_1996

Karnataka HC: Ulleppa_And_Ors._vs_Smt._Gangabai_on_20_March,_2003

SC: Vijay_Kumar_Prasad_vs_State_Of_Bihar_&_Ors_on_7_April,_2004

Valuable advice of learned experts/members is sought.

Hi Doab, 

These are legal terms which i am not able to understand , could u please guide me if my father earn more than 15k monthly does i am libal to pay Maintenance allowance.

A senior citizen who is unable to maintain himself based on his own earnings or property shall have the right to apply to maintenance.

 If the tribunal is satisfied that the senior citizen is unable to take care of himself and that there is neglect or refusal of maintenance on the part of the children or relative, it may order children or relatives to give a monthly maintenance allowance to the senior citizen.

While the parent shall submit affidavit citing needs and standard of living the children may highlight his financial capacity to pay. Court is to decide.

Apparently the amount mentioned by you shall be claimed as sufficient by you however the various factors are to be looked into and decision is to be rendered by conciliation official and court/tribunal.

Laws Regarding Maintenance and Care of Senior Citizens and Parents

You may go thru a very informative publication in a simple language at the following link and seek advice from your lawyer to make it even simpler.

https://www.indiatogether.org/2007/jul/law-seniors.htm

Valuable advice of learned experts/members is sought.