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Amitava Roy (Govt. Official)     10 August 2014

Maintenance of parents act-2007

Sir,

My mother filed a petition before the Hon'ble Chairman, Maintenance Tribunal for senior citizen stating the fact of allegation that I am not looking after my mother since 2011. But the allegation is fake & fictitious . I had sent money order of Rs.3000.00  to her, but she refused to accept . Then I had tried to sent money to her bank account. After receiving the same for one month she closed her bank account. 

In this state of affair the tribunal has given a judgement in favour of my mother by giving me direction to give her Rs. 6000.00 per month. My gross salary is near about Rs. 32000.00 per month. I have a child of 5 yrs old, Student of a private I.C.S.E Board school . It is relevent  to clarify that my mother had two nos houses of which she has handed over one flat to my only sister . The value of the that property is not less than Rs.18.00 lks. And also deprived me from all assets still today. The value of the other house is near about Rs.20.00 lks

Presently I am posted far away from my house and staying in a rented house. At the time of submitting my statement before the Chairman , I had explained every point with sufficient prove. And also prayed before the  tribunal not to give any order in excess Rs.3000.00 per month. But irony of fate , the tribunal ordered me to give Rs.6000.00 per month.

Now what should I do to get relief from this order. 



Learning

 5 Replies

Tajobsindia (Senior Partner )     10 August 2014

1. The Order is ‘just’ right is my opinion. 

2. If properties are put on ‘rent’ and deriving an ‘income’ then one could have Appealed. 

3. Under Hindu Succession Laws a woman can do what pleases her with Title of her properties during her lifetime. 

 

[Last reply] 

1 Like

amit (na)     10 August 2014

Can senior citizens claim maintenance from daughter in law?

gautam (not disclosed)     10 August 2014

No amit, Senior Citizens cannot claim maintenance from daughter in law.

Amitava Roy (Govt. Official)     10 August 2014

Sir,

My mother filed a petition before the Hon'ble Chairman, Maintenance Tribunal for senior citizen stating the fact of allegation that I am not looking after my mother since 2011. But the allegation is fake & fictitious . I had sent money order of Rs.3000.00  to her, but she refused to accept . Then I had tried to sent money to her bank account. After receiving the same for one month she closed her bank account. 

In this state of affair the tribunal has given a judgement in favour of my mother by giving me direction to give her Rs. 6000.00 per month. My gross salary is near about Rs. 32000.00 per month. I have a child of 5 yrs old, Student of a private I.C.S.E Board school . It is relevent  to clarify that my mother had two nos houses of which she has handed over one flat to my only sister . The value of the that property is not less than Rs.18.00 lks. And also deprived me from all assets still today. The value of the other house is near about Rs.20.00 lks

Presently I am posted far away from my house and staying in a rented house. At the time of submitting my statement before the Chairman , I had explained every point with sufficient prove. And also prayed before the  tribunal not to give any order in excess Rs.3000.00 per month. But irony of fate , the tribunal ordered me to give Rs.6000.00 per month.

Now what should I do to get relief from this order. 

 

gautam (not disclosed)     10 August 2014

What petition was filed by the mother? Was it Sec 125 CrPC  or under "Maintenance and Welfare of Parents and Senior Citizens Act, 2007"

If later, then you can appeal against the same in Appellate Tribunal which is headed by a person not below the level of District Judge.  Generally judgement is passed against appeal within 30 days and no lawyers entertained in such hearing


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