One of my relatives is a widow of the age of about 65 years. She does not have any financial resources. Her son is a businessman having decent income but despite this he is not looking after his old-aged mother. She is taking care of herself by borrowing money from relatives, including from me. How can she force her son legally to take care of her and pay her regular maintenance money?
There are at least two legal provisions which can help the old-aged mother to claim maintenance from her son.
The first provision is Section 125 of the Criminal Procedure Code which, inter alia, provides that if any person having sufficient means neglects or refuses to maintain his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct.
So, the old-aged mother can file a case under Section 125 Cr.P.C. against her son to claim monthly maintenance from him.
Secondly, about 10 years back, a new law by the name of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, was passed by the Parliament. As per the provisions of Section 1(3) of this Act, it comes into effect within a State from the date to be fixed by the State Government concerned. So, it has to be checked whether this Act has been made applicable in your State. If so, then under the provisions of this Act, an application can be made by the old-aged mother before the Maintenance Tribunal set up under the said Act, for seeking maintenance from her son.
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