Question Of Paying Maintenance To Parents Doesn't Depend On How Much Property Has Been Given To Children: Madhya Pradesh High Court
6 months, 1 week ago

Question Of Paying Maintenance To Parents Doesn't Depend On How Much Property Has Been Given To Children: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has held that the question of a child paying maintenance to their parents does not depend on how much property was given to the child by the parents and that it is the duty of children to maintain their parents. Justice Ahluwalia, while adjudicating on the matter stated that it is the duty of the children to maintain their parents and providing maintenance to parents is not dependent on how much property is given to them. He held: “The question of payment of maintenance to parents is not dependent upon the fact that how much property has been given to the children. “Considering the price index as well as price of the goods of daily needs, this Court is of considered opinion that monthly maintenance of Rs.8,000/- to be paid in equal share by all her four sons cannot be said to be on higher side.” The High Court thus dismissed the petition affirming the previous orders requiring the petitioner and his brothers to contribute to their mother's maintenance.

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History of this topic

HAMA | Father-In-Law's Liability To Maintain Widowed Daughter-In-Law Dependent On Income From Co-Parcenary Property: Patna High Court
1 month ago

HAMA | Father-In-Law's Liability To Maintain Widowed Daughter-In-Law Dependent On Income From Co-Parcenary Property: Patna High Court

Live Law  

The Patna High Court has held that under the Hindu Adoptions and Maintenance Act a father-in-law is not automatically liable to pay maintenance to his widowed daughter-in-law unless he has sufficient income from the co-parcenary property. They contended that the Sessions Court erred in imposing a maintenance obligation on both the father-in-law and mother-in-law, arguing that under Section 19 of …

Being senior citizen does not automatically entitle to maintenance: Orissa HC
1 month ago

Being senior citizen does not automatically entitle to maintenance: Orissa HC

Hindustan Times  

Bhubaneswar: Simply being a senior citizen does not automatically entitle a person to receive maintenance from children unless shown that they are unable to maintain themselves from own earnings or out of own property, the Orissa high court has held in a judgement. In a case in which a 69-year-old man in Odisha’s Rayagada district alleged that his son is …

Maintenance Right Of Wife & Children Overrides Creditors' Claims Under SARFAESI/IBC On Husband's Assets : Supreme Court
3 months, 1 week ago

Maintenance Right Of Wife & Children Overrides Creditors' Claims Under SARFAESI/IBC On Husband's Assets : Supreme Court

Live Law  

While giving precedence to the maintenance rights of a man's wife and children over the rights of creditors under recovery proceedings, the Supreme Court recently observed that right to maintenance is equivalent to a fundamental right and shall have an overriding effect over statutory rights of creditors, etc. In appeal, the Gujarat High Court enhanced the amounts, granting the respondent-wife …

Husband Who Has Deserted Wife And Child Is Bound To Pay Maintenance Irrespective Of Financial Status: Karnataka High Court
9 months, 2 weeks ago

Husband Who Has Deserted Wife And Child Is Bound To Pay Maintenance Irrespective Of Financial Status: Karnataka High Court

Live Law  

The Karnataka High Court has dismissed a petition filed by a husband questioning the interim maintenance granted to the estranged and minor child by the trial court. The petitioner under the garb that he has lost his employment, cannot shy away from his responsibility of maintaining the wife and minor daughter.” The family court had ordered payment of interim maintenance …

Maintenance Obligations Should Not Burden A Husband To The Point Of Marriage Becoming A Punishment: Jharkhand High Court
1 year, 5 months ago

Maintenance Obligations Should Not Burden A Husband To The Point Of Marriage Becoming A Punishment: Jharkhand High Court

Live Law  

While revising the maintenance amount awarded to a woman in a matrimonial dispute, the Jharkhand High Court has opined that while it is the husband's moral obligation to provide maintenance to his wife, ensuring she can maintain a lifestyle similar to that of their matrimonial home, this does not justify burdening the husband to the extent that the marriage becomes …

No Law Prevents Wife Getting Maintenance Under One Provision Of Law To Seek Maintenance Under Another: MP High Court
2 years, 1 month ago

No Law Prevents Wife Getting Maintenance Under One Provision Of Law To Seek Maintenance Under Another: MP High Court

Live Law  

The Madhya Pradesh High Court recently observed that there is no law which suggests that wife getting maintenance under one provision of law cannot seek maintenance under another. The Appellant further pointed out that the Respondent wife had moved an application seeking maintenance under Section 125 CrPC wherein she made no mention of the suit property. Otherwise there was no …

Senior Citizens Act | Maintenance Tribunal Has Power To Order Eviction Of Children From House Of Parents: Chhattisgarh High Court
2 years, 1 month ago

Senior Citizens Act | Maintenance Tribunal Has Power To Order Eviction Of Children From House Of Parents: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has held that Maintenance Tribunal possesses power under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to order eviction of children from the houses of their parents. While rejecting arguments advanced to the contrary, the Single Judge Bench of Justice Deepak Kumar Tiwari said, “…this Court does not find any error in the …

Maintenance Tribunal's Power Under Senior Citizens Act Not Limited To Ordering Monthly Allowance : Kerala High Court
2 years, 11 months ago

Maintenance Tribunal's Power Under Senior Citizens Act Not Limited To Ordering Monthly Allowance : Kerala High Court

Live Law  

The Kerala High Court has ruled that the power of the Maintenance Tribunal under the Senior Citizens Act is not circumscribed to mere ordering of monthly allowance for the maintenance of senior citizens where their children/relatives refuse to maintain them but to ensure maintenance from their own earnings to lead a dignified life.Justice Murali Purushothaman held that the Maintenance. The …

S.125 CrPC- Father Not Absolved From Maintaining Children Merely Because Mother Is Also Earning: Delhi High Court
3 years, 5 months ago

S.125 CrPC- Father Not Absolved From Maintaining Children Merely Because Mother Is Also Earning: Delhi High Court

Live Law  

The Delhi High Court has observed that in households where women are working and are able to sufficiently maintain themselves, it does not automatically absolve the husband of his responsibility to provide sustenance for his children.The observation was made in connection to revision of maintenance order passed by the High Court under Section 125 of CrPC.Justice Subramonium Prasad observed that. …

After Husband's Death, Wife Has Every Right To Claim Maintenance From The Estate Inherited By Father-In-Law: Bombay HC [Read Judgment]
4 years, 6 months ago

After Husband's Death, Wife Has Every Right To Claim Maintenance From The Estate Inherited By Father-In-Law: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has observed that after husband's death, a woman has every right to claim maintenance from the estate inherited by her father-in-law.High Court has dismissed a writ petition filed by a man who challenged an order passed by Family Court, Bandra granting interim maintenance to his widowed daughter-in-law and grandson.Justice Nitin W Sambre observed that as per …

Though Adult Son Cannot Claim Maintenance, Parents Have To Maintain Their Adult Child Till He Gets Employed: Uttarakhand HC [Read Order]
6 years, 7 months ago

Though Adult Son Cannot Claim Maintenance, Parents Have To Maintain Their Adult Child Till He Gets Employed: Uttarakhand HC [Read Order]

Live Law  

The Uttarakhand High Court recently increased the amount of maintenance awarded to a woman, noting that she had to take care of her major son as well since he was unemployed.Justice Lok Pal Sigh observed, "Though an adult son cannot claim maintenance from his parents as a matter of right, but in the Indian culture we cannot forget the fact …

Maintenance Tribunal Empowered To Order Eviction Of Legal Heir If Parents Are Ill-Treated: Delhi HC [Read Judgment]
7 years ago

Maintenance Tribunal Empowered To Order Eviction Of Legal Heir If Parents Are Ill-Treated: Delhi HC [Read Judgment]

Live Law  

Providing solace to lonely senior citizen couples fighting legal battle with their ill-treating sons and daughters-in-law who refuse to vacate parents’ house despite court orders, a division bench of the Delhi High Court has held that maintenance tribunal has the jurisdiction to pass an order of eviction under the Maintenance and Welfare of Parents and Senior Citizens Act,. Providing solace …

Punjab and Haryana HC dismisses plea of son challenging order of Maintenance tribunal directing him to provide maintenance to his father [Read Judgment]
9 years, 2 months ago

Punjab and Haryana HC dismisses plea of son challenging order of Maintenance tribunal directing him to provide maintenance to his father [Read Judgment]

Live Law  

Though parents want to maintain their independence and do not expect much from adult children as children expect from them, parents also hope that children will be there for them when called upon particularly in the evening of their life.Punjab and Haryana High Court has dismissed plea of a son challenging the order of District Magistrate by which he had …

Its son's 'dharma' to maintain mother, says Madras HC
9 years, 4 months ago

Its son's 'dharma' to maintain mother, says Madras HC

India TV News  

Madurai: The Madras High court today said as per 'dharma', sons are duty-bound to maintain the mother and directed one of the sons of a woman, settled in Canada and earning Rs.three-lakh a month, to provide her Rs 15,000 a month. Disposing of a criminal revision petition filed by the first son of the woman, Pon Devaki, Justice S Vimala …

Man asked to pay maintenance to 83-year-old father
12 years, 9 months ago

Man asked to pay maintenance to 83-year-old father

India TV News  

New Delhi, Jun 15: A Delhi court has asked a man to pay maintenance to his 83-year-old father, who had pleaded that he has been deserted by his son. Fixing Rs 4,000 as monthly maintenance on the basis of “cost of modern days' living” for the elderly man, who has four sons, Metropolitan Magistrate Savitri asked the sole respondent son …

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