Can a case be filed against a son for not taking care of his mother

100 votes

Under Indian law, if a son fails to maintain his old mother, there are several legal remedies available to the mother to claim maintenance from her son.

The following laws provide for the maintenance of parents by their children:

1. The Hindu Adoptions and Maintenance Act, 1956: This Act provides for the maintenance of aged parents by their children. Under Section 20, a parent who is unable to maintain himself/herself can claim maintenance from his/her children.

2. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007: This Act provides for the maintenance of parents and senior citizens by their children and relatives. Under Section 4, a parent who is unable to maintain himself/herself can claim maintenance from his/her children.

3. The Criminal Procedure Code, 1973: Under Section 125 of this Act, a mother who is unable to maintain herself can claim maintenance from her son if he neglects or refuses to provide maintenance. Section 125 of the CrPC provides for the maintenance of wives, children, and parents who are unable to maintain themselves. If a mother files an application for maintenance under Section 125 CrPC, the court will examine the evidence and determine whether the son is capable of providing maintenance to his mother. If the court is satisfied that the mother is entitled to maintenance and the son is capable of providing it, it can order the son to pay maintenance to his mother on a monthly basis.

4. The Protection of Women from Domestic Violence Act, 2005: This Act provides for a remedy for a mother who is not being maintained by her son. Under this Act, a mother can file a complaint of domestic violence against her son if she is being subjected to violence or harassment, or if she is being denied basic necessities such as food, clothing, or shelter under Section 12 of the Act. If the court is satisfied that domestic violence has been committed against the mother, it can pass a protection order, which may include directions for the son to provide maintenance to his mother. The court may also pass other orders, such as restraining orders, residence orders, or monetary relief orders, depending on the specific circumstances of the case.

In case a son fails to maintain his old mother, the mother can file a maintenance petition against him under the above-mentioned laws. The mother would need to provide evidence to show that she is unable to maintain herself and that the son is capable of providing maintenance. If the court is satisfied with the evidence presented, it can order the son to pay maintenance to his mother.

It is important to note that maintenance is the legal right of the parent, and it is the duty of the children to maintain their parents. Failure to comply with a maintenance order can lead to legal consequences such as fines or imprisonment.

LawRato LawRato

921 votes

Yes under section 125 Crpc the mother can file a suit before family court for claiming the maintenance from son and Maintenance and further mother can file a case under Welfare of Parents and Senior Citizens Act, 2007 for maintenance and welfare of parents and senior citizens.

Advocate Uzmi Jameel Husain LawRato

768 votes

If a son is not looking after his mother then she can file suit for permanent injunction and and evict him from her hous
She can also file a case U/s 124 of criminal procedure code and get maintenance from him.

Advocate Devashish Maharishi LawRato

995 votes

Dear, today we can see these type of matter all around us which is not good for our society. But son is not care for his parents that is a crime socially but not legally....

Advocate Rahul Tyagi LawRato

937 votes

currently indian penal code does not provide for a remedial measure incase of the child being negligent in taking care of his/her parents, but there are other provision of law which can make child responsible for upkeep of the parents by providing her maintenance under section 125 CrPC,, seeking protective relief under domestic violence act the mother can seek relief as well as Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Advocate Mayank Soni LawRato

892 votes

You can file civil case under senior citizenship act which protect the rights of the senior citizens and gives protection to them and compel the son or daughter to care for their parents and if you wanted remedy in criminal law then you can file harrassment case against the son.

Advocate Lavika Gupta LawRato