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Subhomoy Das (Retail Manager)     09 June 2011

SOn

My brother after his marriage have tortured on to his own old aged parents inhumanly. his wife too tortured on her inlaws. this continued for yrs. My father was very poor person and draws very little mat of pension. With that meagre amt he made my brother and myself study engineering courses. My mother tooo immense sacrifices. now due to inhuman behaviour by my brother and his wife our neigbours loose their patience and asked them to leave from my parents house. the hiuse belongs to my mother name. now my brother stays as ghar jamai at his inlaws house. he keeps no contacts at all. he doesnt help monetarily to his parents. recently my father expired. now my mother is getting very little amt as a family widow pension which is very difficult to sustain in this present inflated market. i tried to help her .

Can my mother file maintenance case against her elder son finanacially,physically,mentally. is she eligibel for maintenace inspite drawing meagre amt of pension. What si the procedure to file maintenance case aganst her son who draws a montly salary of Rs.30000/-. My mother is 72 yrs old aged sicck.

 

Regards

 

Subhomoy.

 

09/06/2011



Learning

 5 Replies

Adv. Chandrasekhar (Advocate)     09 June 2011

Your mother has got a right to get maintenance under the provisions of Section 125 as well as under the provisions of "maintenance and welfare of parents and senior citizens Act, 2007" from her earning children. 

Saurabh..V (Law Consultant)     09 June 2011

@Subhomoy

 

You question is already aptly answered by @Chandu

 

I fail to understand that if she is your mother as well, then what stops you from helping her??

 

//peace

/Saurabh.V

Subhomoy Das (Retail Manager)     10 June 2011

@ Saurabh V  -- Please be noted that even if i dont help my mother then also she will be able to sustain with the help of relatives or whatsoever. her life will not be stopped if her sons dont help her. Pls be noted that i`m indeed taking care of her to best possible by me. But the questions here is about the humanity and the law associated to it. My parents have not only brought me up. They have brought up my brother also. and in this process they have to do extreme struggles and sacrifices as my fathers health and financial conditions was not good. But even in that condition they have given us everything, best education etc. they didnt shy away. But now my brother is earning on the basis of the engineering qualifications he qualified which my parents made him studied. Then today when he is earning a lots then why he is taking  care only of his wife . not only wife even he is taking care of his inlaws. Agreed one must take care of his wife , child. His inlaws are getting high amt as pension. but my brother does have money to look after his wife and his inlaws but dont have money to look after his own  widow mother who not only gave birth to him but take care of him as well. So Mr. Saurabh V tell me why should not my mother seek action against his son who doesnt take care of her, no contacts. Pls note that he behaved inhumanly with his parents after marraige right from abusing his own parents in filthy languages, beating them mercilessly day after day. Neighbours told my parents to hand him over to Police.   But how can parents hand over thier son to the police to whom they have given birth and brought him up. He didnt perform the final rites and rituals (being elder son) of my father when he got expired  because her wife told him not to perform any rites and rituals. his wife always threatened to him that if he keeps contact with his own parents then she will make false complaint against her husband (my brother)

does the logic of Humanity and the law associate with it suggests that.???

gaury..fight to win (Education)     10 June 2011

how much the mother is entitled to get from the salary of R30,000??

Adv. Chandrasekhar (Advocate)     10 June 2011

Exact mathematical calculation is not possible.  But going to the principles laid down in Section 125 cr.p.c. she should be entitled to 1/3rd of the income.   Here, she has to make all the earning sons as respondents.  If she is resorting to Maintenance & Welfare Act, 2007, she can include even the earning daughters as respondents along with earning sons.  Finally, the court will order the maintenance to the mother keeping in view of her necessitites from every respondent, depending upon the earning of the each respondent and also his liabilities.   


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