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Being a senior citizen can we ask maintenance from our children
23-Mar-2023 (In Family Law)
I am 64 years & my wife 60 years. Self has small marketing set up but due to age factor activities from April 16 have been reduced and earnings are now very nominal. Wife gets pension. Daughter is married and well settled and supportive. Son is 34 and has one 2-year daughter. Daughter in-law graduate in commerce but not earning. Son has never been supportive. He has never supported any domestic work. Whenever monthly expenses are demanded he starts abusing baseless. Similarly, whenever any work is instructed to him answer will be he will attend, can we ask maintenance from the son
There are several procedure in law. Firstly in criminal procedure code then there are two acts for old people and senior citizens, where u can claim for maintenance and your son is liable for paying you.
32+
Adv. Vijendra Rai
Mumbai | 100+ Answers
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From the information provided by you we assume that you have no source of income at present and your wife is earning pension.
S.125 of CRPC casts duty upon children to maintain their parents, who may have no source of income. You can file an application under the said section before Magistrate Court within whose jursidiction you are residing.
Apart from above, The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need-based maintenance to the parents/grand parents from their children.The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.
Our Parliament enacted the Maintenance and Welfare of Parents and Senior Citizens Act 2007, recognizing statutorily that the parents are dependents of their daughters as well and are entitled to seek maintenance even from the married daughters.
47+
Adv. Jairam Chandnani
Mumbai | 100+ Answers
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Quantam will b decided based upon earning and total people dependant.
And about behaviour of your son application can b made for grevience
revert with complete details
28+
Adv. Namrata Rane
Mumbai | 25+ Answers
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