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Maintenance and support by brother for mother
01-May-2023 (In Family Law)
My parents came to live with me some 25 years ago. I am married and living with my husband and son. One of my brothers is mentally ill and the other younger brother is well settled in Bangalore holding a high profile job but is refusing/avoiding to look after his mother in his home.
Since myself and my husband have cared for both my parents - my father suffered a stroke and I looked after him for many years till his death. Now I have my grown up kids to whom I have to attend. Because of my mother I am unable have my own freedom or attend to my family. Is there a legal way I can make my brother ans sister in law be responsible for his mother?
Since myself and my husband have cared for both my parents - my father suffered a stroke and I looked after him for many years till his death. Now I have my grown up kids to whom I have to attend. Because of my mother I am unable have my own freedom or attend to my family. Is there a legal way I can make my brother ans sister in law be responsible for his mother?
Your mother can make application under maintenance and welfare of senior citizens act 2007. 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 authorized by him. The Tribunal can also suo motu 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.
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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Adv. Sudershani Ray
Delhi | 200+ Answers
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