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What are the landmark cases related maintenance and welfare of parents


28-Jul-2023 (In Family Law)
Hi sir, 7 yrs back 70 yrs old father approached court of his maintenance on his son. Both are mutually agreed for Rs 5000/- per month and settled at Hon lok adalat court. But he failed to pay since 6 yrs (71 Months) due to his financial conditions. Now father again approached Hon district court for due amount. But now son is unable to pay the money. So pls let me know the options of this case. 1. If he fails to repay the money what is the detention time and how it is calculated. 2. after detention completed, Is previous dues are nullified? 3. During detention time, Is father can approached court for attachment of movable or immovable properties belongs to his son. 4. After detention completed even son fails to pay the further monthly installments what are the next options to son and father 5.Is there any presiding cases in any higher courts or supreme court ? and pls let me know the cases details
Answers (2)

Answer #1
818 votes
Hi
Father can proceed to attach the properties of the son any time after the order.
Failure to comply with consent order will result in imprisonment of upto 6 months.
Previous dues will continue to remain. the person is sent to jail as punishment for non compliance of order. but even after he goes to jail, his liability to pay the dues will continue to remain in force.
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Answer #2
940 votes
1) son is bound to pay maintenance to his old age parents. Son has to pay agreed amount, as per the Lok Adalat order.
2) If he fails to pay, he has to undergo one month imprisonment for each default, but the amount ill not be nullified.
3) After detention if again son fails to pay the next instalment, he will be sent to jail for one month detention for each default. It will continue, unending.
4) You should make efforts to find out the higher court judgements yourself.
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