|Originally posted by : Ruthra
||Can the parents of a deceased son who are unable to maintain themselves claim maintenance from their widow daughter-in-law who is a govt. employee ? Under which law? kindly mention citation please
A person to live a dignified life, requires basic amenities like food, clothing, shelter and other necessary requirements. It is the moral duty of a man to provide the above mentioned amenities to his wife, parents and children in form of maintenance. Maintenance is the process of maintaining or preserving someone. Prior to 1973, there was no provision for maintenance of parents under the Code of Criminal Procedure. However, the provision for maintenance was introduced in for the first time in Section 125 of the Code of Criminal Procedure in 1973.
Section 125 of the Criminal Procedure Code, 1973 was enacted to provide an effective remedy for the neglected persons to seek maintenance. However in 2007, the Maintenance and Welfare of Parents and Senior Citizens Act was passed which provides provisions for maintenance to support elderly parents and senior citizens. Parents can claim maintenance either under Section 125 of Code of Criminal Procedure, 1973 or under Maintenance and Welfare of Parents and Senior Citizens Act, 2007. However, they cannot claim maintenance under both the acts.
Going by the Book of Law you have to pay if they claim. But why make it strenous?
Do it by heart, if old people want some money, give them pocket money. It will be good that way than trying to find ways to dodge law or forcibly extract through Law. Thats my opinion. But legally yes. Daughter in law even if widow should maintain in-laws. Finally they made is everyone is responsible for everyone's well being.