Asking for increase in regular monthly maintenance given by my Son

577 votes

Yes, you and your wife can legally claim maintenance from your sons. Under Indian law, children who have sufficient means are bound to maintain their parents who cannot maintain themselves. Two remedies are available to you. First, under Section 144 of the Bharatiya Nagarik Suraksha Sanhita 2023, which replaced Section 125 of the old Criminal Procedure Code, a father or mother who cannot maintain themselves can file a maintenance petition before the Family Court or Magistrate where they reside. There is no upper limit on the amount. The court fixes a reasonable sum based on the son's income and liabilities and your actual needs. Second, under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, a parent can apply to the Maintenance Tribunal, usually the RDO or Sub Divisional Officer. This remedy is available to parents of any age, so you need not be sixty. It is quicker and cheaper and does not require a lawyer. However, the Tribunal can award a maximum of Rupees ten thousand per month. Please keep these practical points in mind. Your younger son is equally responsible for maintaining you. The court will consider his income too and may divide the burden between both sons. The elder son cannot be made to bear the whole amount alone. Your elder son's wife, daughter and house rent are legitimate expenses, and the court will take them into account. Since he earns about Rupees eighty thousand, a demand of Rupees fifteen thousand for both parents is not unreasonable, especially if you can prove regular medical expenses. Maintenance is meant for food, shelter, clothing and medical care. If it appears that the money is being spent on alcohol, the court may view your claim less favourably. I strongly suggest you seek medical treatment for your health and keep all hospital and medicine bills, as they will directly support a higher claim. Before going to court, I suggest a family discussion or mediation, since your son is already paying voluntarily. If that fails, you may file under either remedy

Advocate Naresh Gaddapati LawRato