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shadow_of_law (Selfemployed)     07 September 2017

Maintenance of mother

Sir/Madam

My friend/colleague, aged 27, is working in Post Office [Govt. employee] as Postal Assistant. Has a widowed mother [father recently passed away], wife with two sons [aged 2 years and 8 months each], a younger brother [aged 24, unmarried, self-employed], and an elder sister [married, living with her husband in rented house]. All, except sister, are living in same house [only property left behind by his father].

After marriage [3 years ago] wife of my friend could not adjust with mother-in-law, quarrel and arguments were common for most of the days. Till date no harmonious living is made possible between wife and mother. Father recently passed away due to severe health problem. Younger brother is not employed and not at all interested in making his livelihood by getting a job. Hence, my friend got a 2nd hand car purchased for his brother to earn some money by driving it.Younger brother wants to enjoy life without earning anything. My friend and his brother both quarrel over matter of brother’s employment and his marriage.

Since there are frequent quarrels and arguments in the house, even after death of his father, between wife and mother and between brothers, he got BP and diabetes recently at the age of 27!Last week both brothers quarreled and younger brother man handled my friend and both brother and mother [along with sister’s husband] sent him [along with wife and 2 sons] out of the house. Now, my friend is living in a lodge and sent his wife and children to her father’s house. Now, he wants to live separately with his wife and children. He has no objection if his mother lives with him.

Now mother and younger brother are demanding him that he should pay half of his salary to his mother for her maintenance. Otherwise they are threatening him that they would go for legal battle for getting half of his salary as maintenance. In this regard, I request yourkindness to suggest on the below points:

  1. Can his mother file complaint for her maintenance? Because, in this situation he is the victim and he has been sent out of his own house along with his wife and little children.
  2. Is the claim by his mother for maintenance amount sustainable in the court? My friend has never refused or neglected to maintain his mother and want her to live with him. But mother doesn’t want to live with him.
  3. Can he ask the courtto order his mother to live with him without payment of maintenance amount on condition that he would look after his mother with due care and without negligence?

 

If maintenance is ordered:

  1. His net salary is Rs. 31000p.m  after deductions. What would be the maximum amount that Court may order him to pay for mother’s maintenance? Keeping in view that he has wife and 2 children to maintain along with liability of loan of Rs. 4.5 lac which was borrowed for father’s medical expenses and for purchasing a car for his brother.
  2. Is there any liability on the part of his younger brother and sister to maintain his mother? Can the amount of maintenance payable to mother be divided among himself, his brother and sister?
  3. If the property [house with 3 rooms] left by his father is divided among mother, 2 brothers and a sister, will there be any reduction in the maintenance amount on account of his mother getting a share in the property?
  4. Can he give up his share of property to his mother in exchange of his share of maintenance amount payment to his mother?


Learning

 4 Replies

pankaj verma   07 September 2017

1. every person who attains 18 is under the liabilities to maintain his parents (exception is also there). but in ur case there is no exception.. u r earning well and ur brother willingly don't want to work..
2. loan liability also on both of u ...
3.it may up to 5000as per her life style or expences etc and may be less..u HV to defend it with ur lawyer
1 Like

Siddharth Srivastava (Advocate)     07 September 2017

Though brother is not entitled to any maintenance but mother can claim maintenance but in that eventuality it does not mean that she (mother) will get 1/2 salary of your friend. Court while deciding maintenance court consider all the facts and circumstances like salary, liability of your friend etc. Offer to keep mother does not mean that she is not entitled to maintenance.
2 Like

sai narayana   08 September 2017

Nothing to fear. The share of the earner is 2 shares, wife 1 share, children 1 share each, and 1 share for your mother. If your mother has some source of income (or) no burden of paying rent etc then the maintenance will further decrease whereas if your wife is also employed officially then maintenance amount may increase.

1 Like

shadow_of_law (Selfemployed)     11 September 2017

Thank you all for your advice.

Please clarify on below point.

Is there any liability on the part of his younger brother and sister to maintain his mother? Can the amount of maintenance payable to mother be divided among himself, his brother and sister?
 


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