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Nikhil Arora (student)     28 June 2010

Maintenance From married daughter

Respected Sir ,

I want to know can father and mother who are unable to maintain themselves  ask maintenance from their married daughter  ( if she is earning )

Thanks in Advance



Learning

 28 Replies


(Guest)

Haven't heard such extreme gender neutrality under maintenance Laws of the land, but depends if "no son" there to this hypothetical old parents life and if old parents in "need of medical attention", further provided they are "below poverty lines" and also have virtually "no shelter of their own", hence collectively keeping these humane grounds a precedent may create in immediate future.  Neutrally speaking I will welcome such Orders and or wisdom of Legislative wing of the Parliament to think about it too bze either gender children are equal to any parents is it not so.... so why segregate son from daughter in times of extreme needs of old parents for maintaining them!


However if some case reference material exists on "rights and duties" of children towards their parents then do educate me of such compassionate precedents only to the point of knowledge sharing basis.

Rgds.

Pranjal Srivastava (Lawyer)     29 June 2010

Replying Soon Nikhil it seems that this question is asked in Haryana JS Exam

Nikhil Arora (student)     29 June 2010

Thanx Arun Sir and Pranjal Sir Pranjal sir you are right

adv. rajeev ( rajoo ) (practicing advocate)     29 June 2010

I have not also heard, but good question. Let us wair for  other learned members answers

Suchitra. S (Advocate)     29 June 2010

I would like to know the perfect legal answer to this query too, Pranjal Sir.

Pranjal Srivastava (Lawyer)     29 June 2010

Nikhil 

Yes  Parents who are unable to maintain themselves can claim from their daughter.

Arup (UNEMPLOYED)     29 June 2010

yes, can do.

no legal bar for it.

Arup (UNEMPLOYED)     29 June 2010

it is seperate thing that it is not in custom.

Arvind Singh Chauhan (advocate)     29 June 2010

Thre may be remedy in THE MAINTENANCE  AND WELFARE OF PARENTS AND SENIOR CITIZEN ACT 2007
 

Pranjal Srivastava (Lawyer)     29 June 2010

 

 Hindu Adoptions and Maintenance Act, 1956.
Sec 20  Maintenance of children and aged parents
(1) Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his
or her legitimate or illegitimate children and his or her aged or infirm parents.
(2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as
the child is a minor.
(3) The obligation of a person to maintain his or her aged or infirm parent or a daughter who is
unmarried extends insofar as the parent or the unmarried daughter, as the case may be, is unable to
maintain himself or herself out of his or her own earnings or other property.
Explanation: In this section "parent" includes a childless step-mother.

Pranjal Srivastava (Lawyer)     29 June 2010

Although SEC 125  clause (d)  of CRPC has used the  expression 'his  father or mother' but,

Section 2(y) Criminal Procedure Code provides that words  and expressions used herein and not defined  but    defined in the Indian Penal Code have the meanings respectively  assigned to them in that Code.

Section 8 of  the  IPC lays down that the pronoun 'he' and its  derivatives are used for any person whether male or female.  Thus in  view  of section 8 Indian Penal Code read  with  section 2(y)  Criminal Procedure Code, the pronoun 'his'  in  clause(d) of section 125(1) Criminal Procedure Code also indicates a female.

Section 13(1) of the General Clauses Act lays down that  in all Central Acts and Regulations, unless  there  is anything repugnant in the subject or context, words  importing the masculine gender shall be taken to include  females.Therefore,  the pronoun 'his' as used in clause (d) of section 125(1) Criminal Procedure Code includes both a male and a  female. 

Pranjal Srivastava (Lawyer)     29 June 2010

 

Case reff.

DR. (MRS.) VIJAYA MANOHAR ARBAT  VS KASHI RAO RAJARAM SAWAI AND ANR.    AIR 1987 SC 1100

Date of Judgement 18/02/1987

3 Like

Pranjal Srivastava (Lawyer)     29 June 2010

Case detail will be appear in my Shared file shortly

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     29 June 2010

MY  PERCEPTIONS :


 

1.  There is no bar in demanding  "maintenance"  from a  "married earning daughter"  or even from a "married  NOT-earning daughter".

 


HOWEVER,  there is no statutory provision under any Hindu Law, as yet,    "THAT CAN COMPEL"  the  "married daughter"  to provide maintainence to her own biological parents, AFTER SHE HAS BEEN MARRIED OFF.   All such parental rights stands in  "suspension"   TILL the existance of daughters marriage.

 


Similarly,  a  "married non-earning daughter"  CANNOT  claim maintainance from her biological fathers family,  AFTER SHE HAS BEEN MARRIED & Staying in her husband house
.

 


The  "Hindu Adoptions and Maintenance Act, 1956"  does not provide any relief, on both the above counts.

 


2.  The biological parents have not been provisioned any rights to claim maintainence from their  married earning daughter.  HOWEVER,  the parents-in-law have been covered and provisioned rights to claim maintainence from their Son's wife (i.e. married daughter-in-law).

 

 

LEGAL HITCH :
3.  However,  "IF"   the  "married earning daughter"    IS STAYING WITH HER BIOLOGICAL PARENTS,   for long enough time (due to husband being abroad or under-ground,  .OR.   due to husband being an   "IN-HOUSE"   son-in-law,   .OR.   due to  abandonment / seperation from husband or etc....)  THEN the biological parents derive rights to claim maintainence from their married earning-daughter,  EVEN IF NOW SHE BELONGS TO ANOTHER FAMILY.

 

 

4.  Under the parameters of the HSAct,  the succession rights over the  accumulated income or movable and/or immovable property, rests  ONLY & ONLY  with the Husbands family  (i.e. Husband, Childrens, in-laws etc....).

 

5.  In the absence of Husband + Childrens + In-laws etc....,  the right to succeed on deceased widowed daughter's property, automatically vests the biological father and his family members.

 


Keep Smiling .... Hemant Agarwal


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