How to get my well settled brother to take care of our elderly mother?


My brother doesn’t wish to take care of our elderly mother. Is there any law by which I can force him to take care of our mother?

He has a well settled job in Banglore.

Answer

Your mother can make application under maintenance and welfare of senior citizens act 2007.

Another application can be made under Section 125 Cr.P.C.

It provides in-expensive and speedy procedure to claim monthly maintenance for parents and senior citizens. 

This Act casts obligations on children to maintain their parents. Such application for maintenance can be filed by the senior citizen or a parent himself, or if such person is incapable, then by any other person or any registered organisation authorised by him. 

The Tribunal can also suo motu(by itself) take cognizance of the case. After receiving the application the Tribunal may issue notice to the respondent-children/relative and provide them time to furnish their reply.

Such application for maintenance should be disposed of within 90 days from the date of service of notice of application to the respondent.

However, the Tribunal can extend time for a maximum period of 30 days in exceptional circumstances after recording reason. The Tribunal is having power to allow interim maintenance pending disposal of the case.

 


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