Civil Procedure Code (CPC)

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Anchal Beriwala   31 August 2018

Taking care of widowed mother after marriage

I am a woman of 28 yrs of age and am a working professional. I am married and want to take care of my mother and younger brother's education financially. I want to know what the law says. Do I lawfully have the right and/or duty to take care of my family. There is a lot of speculation about this in my husband's family so I want to know what the law says about this scenario.


 7 Replies

Adv Deepak Joshi +917017821512 (Advocate)     31 August 2018

Dear querist,

Maintaining parents is moral and legal liabilities of every child whether before or after marriage.

As far brother education is concerned there is no fast and fast rule.

 

If it be advisable/better if you settle your issue between family.


 

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

1 Like

Kumar Doab (FIN)     31 August 2018

Parents can proceed against married children also if they are unable to maintain themselves/need care.

Legalities apart; there is NO bar on married daughter to help her parents, brother.

In case of institution of marriage both spouses and families have to strike a fine balance and respect each other’s liabilities and responsibilities and be supportive to each other and their families/parents.

Kumar Doab (FIN)     31 August 2018

GO thru;

Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007

And rules framed under the Act by your state.

And;

Central Government Act

Section 125 in The Code Of Criminal Procedure, 1973

125. Order for maintenance of wives, children and parents.

(d)

 

If you are Hindu relate with;

Central Government Act

Section 20 in The Hindu Adoptions and Maintenance Act, 1956

20. Maintenance of children and aged parents.—

 

Also if married daughter has sufficient means she can be asked to participate in maintaining parent(s) along with other relatives..

Kumar Doab (FIN)     31 August 2018

GO thru;

Bombay High Court

Vasant S/O Govindrao Naik vs Govindrao Upasrao Naik And ... on 2 February, 2016

Bench: A.B. Chaudhari                                                                                                               revn.172.14                                                                                                 

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR, NAGPUR.

CRIMINAL REVISION APPLICATION NO. 172/2014

11. In the light of the above dicta of the Apex Court I hold that Rajani, the married daughter if proved to have been working as a Software Engineer in USA and having sufficient means, is under an obligation to maintain her parents. The question is answered accordingly.

The Apex Court has also delivered path breaking, trendsetting judgments on son-daughter parity.

Kumar Doab (FIN)     31 August 2018

 

However instead of looking for legal recorse only, try your level best to 1st fetch acceptance from spouse and in laws (best recourse). IT may invite test of personal skills, resolve, patience, preservence but can delver the best results.. and marriage can be saved. 

 

Then involve elders of side of both families,  mediators, seasoned and skilled and neutral wel wishers, helpgroups, and find a very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; Family/service matters ( for arbitration/mediation/conciliation) as in your case, and well versed with LOCAL applicable rules/personal laws, precedence, latest judgments etc …. and worth his/her salt, and your counsel can advise you after examining all docs, evidences on record ..

There are such very able counsels at each location.

Check for such counsels at LOCAL Family/ Civil courts, HC, SC…

 A very able LOCAL counsel (sincere and honest) can arbitrate without causing any heartburn to anyone.

A married child may not necessarily have to give penny by penny account to other spouse and family and thus may be a ble to save some money to help aged and infirm parents.

Regular visits to aged parents can also suffice to instill confidence and save marriage also.

There might be many schemes by state/central govt, helpgroups, NGO’s also to take care of aged and infirm citizens. 

GO thru publication by your state e.g in case of AP; COMPILATION FOR THE BENEFIT OF SENIOR CITIZENS

In case of understanding married sister can pay for education expenses of brother, without any heartburn to spouse/in laws.

You may also gho thru;

Senior Citizens Guide REVISED EDITION 2016 Complied and Published by Policy Research and Development Department HelpAge India Head Office C-14, Qutab Institutional Area, New Delhi - 110 016 Tel.: 011-41688955-56; 011-42030400, Fax: 91-11-26852916 E-mail: info@helpageindia.org; headoffice@helpageindia.org Website: www.helpageindia.org National Helpline No.: 1800 180 1253

Kumar Doab (FIN)     31 August 2018

If the BILL for Maintenance and Welfare of Senior Citizens 2018 gets assent of President,distant relatives e.g; son in law may also become liable..

Sudhir Kumar (Dy Director)     13 May 2019

Nothing illegal is appearing on your part so far.


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