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Ankur   26 April 2018

Maintenance and welfare of senior citizens (mwpsc) act, 2007

Sir,

My mother is getting interim mainteance from my father as per family court instructions under section 125crpc. 

Since, we both brothers are living seperately and my father being retired pensioner is also fulfilling her requirement apart mainteance as by providing home where she is living currently without paying any additional cost. 

Now, my mother's ngo' people are threating us that they will file case in court for mainteance from us also with arrear from the date of case was lodged by my father in court. 

My point is, due to bad behaviour of my mother, i left the house in 2000 during my 10th standard and started seperately with my elder brother and managed our life by some financial support given by father and rest mangaed by tuitions and other work. Now

is she legally liable for seeking maintance from us to, as she is already getting mainteance amount from my father too. What law speaks about those parents who did not provide proper support during their children's education period, even put this kind of pressure who forced us to leave the house due to unbearable situation. In this condition, can i challenge in court against her application for seeking double mainteance. 

Can anyone please brief me in detail how maintaiance is decided. After getting decree and final settlement amount from my dad, still my mother would be eligible for maintance from me. I am under debt of house loan as she is living in our property and my financial condition is not that much sound. Can you please guide me what to do, as her NGO is creating pressure on me. 

 

 

 

 



Learning

 2 Replies

Adv Deepak Joshi +917017821512 (Advocate)     26 April 2018

Mother can claim maintenance from his sons, daughter and her husband and father too. Facts you mentioned you left home and she is not contributed for carrier and you left home in childhood because of her will be difficult to prove in court.

Moreover while granting maintenance the financial status of the person is considered, mean after deducting the liabilities (Loan).

Krishnapur Ananth Nagamani (Advocate)     26 April 2018

under S.12 of MWPSC Act, your mother has a choice to claim maintenance under S. 125 CrPC or S. 5 of MWPSC Act, but not under both the Acts.

 


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