Clarification on maintenance of mother.
08-Feb-2023 (In Family Law)
how to file answer of above subject notice ,the Mother have pension+family peision+house rent etc by pressure of other relative she cliam for maintenance
According to the Section 3 (b) "maintenance" includes-
(i) in all cases, provision for food, clothing, residence, education and medical
attendance and treatment.
And Under Section 20(1) Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or "infirm" parents.
(3) The obligation of a person to maintain his or her aged or infirm parent or daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property
Also, according to the section 22 of Hindu Maintenance and Adoption Act, 1956, the heirs of a deceased Hindu are bound to maintain the dependents of the deceased out of the estate inherited by them from the deceased where a dependent has not obtained, by testamentary or intestate succession, any share in the estate of a Hindu dying after the commencement of this Act, the dependent shall be entitled to maintenance from those who take the estate.
Thus, you are liable to provide maintenance to your mother.
(i) in all cases, provision for food, clothing, residence, education and medical
attendance and treatment.
And Under Section 20(1) Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or "infirm" parents.
(3) The obligation of a person to maintain his or her aged or infirm parent or daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property
Also, according to the section 22 of Hindu Maintenance and Adoption Act, 1956, the heirs of a deceased Hindu are bound to maintain the dependents of the deceased out of the estate inherited by them from the deceased where a dependent has not obtained, by testamentary or intestate succession, any share in the estate of a Hindu dying after the commencement of this Act, the dependent shall be entitled to maintenance from those who take the estate.
Thus, you are liable to provide maintenance to your mother.
Your mother had full rights to ask the maintenance from you and her other children if any,even she can remove you and your family from her house if she wants to do so .According to me you should try to keep her happy
you can reply to the allegations made by your mother in her notice as per facts of your case. as far as maintenance is concerned you can reply that she has various sources of income (mention source of income) and also say that she has issued wrong notice being misguided by your relatives
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