LawRato

Can a mother claims maintenance from son


06-May-2023 (In Family Law)
Sir, I am a government employee, my mother has submitted an application at my office for providing maintenance to her, while on the other hand, my father is still living and is a government employee too and my mother is dependent to him. Do I have to provide maintenance to her?
Answers (5)

Answer #1
957 votes
As you said your father is a government employee so she can not claim maintenance from you, she can claim it from your father only
Your mother can claim maintenance from you after your father, so right now she can't
Answer #2
508 votes
Yes,liability occurs upon you of your mother but you can take the defence/ objection in your reply that my mother is being dependant on my father and he is a government employee and has sufficient means to maintain herself.
Answer #3
930 votes
I advice you that under Section 20 of HAMA, 1956, a mother if she is not able to maintain herself, can very well seek maintenance from her children. Though a childless step-mother can claim maintenance from her step-sons provided she is a widow of her husband, and if living, is also incapable of supporting and maintaining her. for further clarification
Answer #4
954 votes
Dear Querist,

Yes, she can claim maintenance. But you have to explain complete facts. Its depend on your salary and your father salary. And your father still in service or retired. please explain.
Answer #5
658 votes
No. As long as your father is capable of providing for his dependents. You have no obligations. After your father, you may have to provide for your mother only if she has no other source of income sufficient to provide for her.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."