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Chinnu Xavier   27 December 2019

parents asking maintenance from unmarried daughter

I'm 26 years old , unmarried working women . My father is having job and my mother is housewife. I'm having salary 32k monthly and I have taken personal loan , need to pay emis and my food ,rent etc . I'm giving monthly 10k for my mother for her rent . She is too greedy and now she wants a house for 20k rent . I'm not that much rich . Whenever she asks money I borrow from friends and will give her somehow. My father and I do not own any property. He is also suffering a lot because of her . Now she saying she will go to court and asks for maintaining from me . I want to know , if court believes her side and asks me to pay maintenance ,what will be the monthly amount? .my father is above 60 and he is having a job . Then is it needed that I should pay maintenance ??


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 5 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     27 December 2019

Dear madam,

Your mother cannot ask maintenance from you. Your father may be liable as per his financial condition.

Regards,

Adv Deepak Joshi +917017821512 (Advocate)     27 December 2019

in case your mother goes to court she may loss what she is getting today

G.L.N. Prasad (Retired employee.)     27 December 2019

You know better about your mother's attitude at the age of 26years, ignore and let her do what ever she likes and she can only threaten and can not proceed against you as your father is still earning.

Dr J C Vashista (Advocate)     05 January 2020

She has no right to claim maintenance from you during the life time of your father, she is liability of your father.

You should stop paying any money to your mother, if so.

Shaktika Malhotra   22 January 2020

In order to live a dignified life, a person requires basic amenities like food, clothing, shelter and other necessary requirements. It's a moral duty of a man to fulfill such basic requirements of his parents, children and wife under Section 125, CrPC. Senior citizens who are dependant upon their children or grandchildren may also claim maintenance under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007. This brings a legal obligation on children or other legal heirs to provide basic amenities to parents or grandparents. This act enables parents (both mother and father, whether biological, adoptive, step) and grandparents (both maternal and paternal) to claim maintenance from their children or grandchildren respectively. In case of no children or grandchildren, senior citizens can claim maintenance from their relatives. The condition to claim maintenance under this act is that the person must be unable to maintain her/himself from her/his own earning.
In your case, your mother isn't yours but your father's liability as he's alive and is an earning member. Therefore, there's no need for you to worry!
Maintenance doesn't include luxuries and is purely for the necessities (basic needs required to sustain living).
Parents and grandparents are entitled for maintenance from their children and grandchildren respectively, when they aren't financially independent.
Also, your mother cannot increase the amount as per her wish as the amount of maintenance is decided by the court considering the living standard and income of both, the one who's providing maintenance and the one who's receiving the same.

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