Section 125 CrPC or Senior Citizen Maint & Support
6 months ago
I am 71+ Senior Citizen let alone in Chennai..by wife & Children (all living in USA & Earning $350k annually) for the past 12+ yrs. Can I claim maintenance from them?
A.Dear Client,
In India, maintenance is governed by various laws, including the Hindu Adoption and Maintenance Act, 1956, and the Code of Criminal Procedure, 1973. These laws generally require individuals to provide financial support to their dependents, which can include aged or infirm parents. If you are in need of financial support and can demonstrate that you are unable to maintain yourself adequately, you may have a stronger case for claiming maintenance. Section 20(1) of the Hindu Adoption and Maintenance Act, 1956 declares that a Hindu is bound to maintain his aged or infirm parents. However, Section 20(3) of the Act says that the right to claim maintenance of aged or infirm parents extends in so far as they are not able to maintain themselves through their other sources of income.
In India, maintenance is governed by various laws, including the Hindu Adoption and Maintenance Act, 1956, and the Code of Criminal Procedure, 1973. These laws generally require individuals to provide financial support to their dependents, which can include aged or infirm parents. If you are in need of financial support and can demonstrate that you are unable to maintain yourself adequately, you may have a stronger case for claiming maintenance. Section 20(1) of the Hindu Adoption and Maintenance Act, 1956 declares that a Hindu is bound to maintain his aged or infirm parents. However, Section 20(3) of the Act says that the right to claim maintenance of aged or infirm parents extends in so far as they are not able to maintain themselves through their other sources of income.
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A.Dear Client,
Parents can claim maintenance either under Section 125 of Code of Criminal Procedure, 1973 or under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. However, they cannot claim maintenance under both Acts. Any parent be it biological/ adoptive/step-parent can also claim maintenance under Section 125 of the Code of Criminal Procedure if the children with sufficient resources refuse or ignore to maintain parents/Sr. Citizens who are unable to maintain themselves. Under Section 125 of Cr. P.C, both mother and father (natural or adoptive) can claim maintenance from their child, including from daughters. Married daughters may also be liable to pay maintenance if they are dependent on her entirely. Reach out to a Advocate for guidance and steps.
Parents can claim maintenance either under Section 125 of Code of Criminal Procedure, 1973 or under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. However, they cannot claim maintenance under both Acts. Any parent be it biological/ adoptive/step-parent can also claim maintenance under Section 125 of the Code of Criminal Procedure if the children with sufficient resources refuse or ignore to maintain parents/Sr. Citizens who are unable to maintain themselves. Under Section 125 of Cr. P.C, both mother and father (natural or adoptive) can claim maintenance from their child, including from daughters. Married daughters may also be liable to pay maintenance if they are dependent on her entirely. Reach out to a Advocate for guidance and steps.
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