I know a lady Mrs. Maya Dhani who was deserted by everyone in her family. She's trying to survive without food or money. Her husband Mr. S.L.Dhani is a retired IAS officer, her son Capt. Y.P.Dhani is a pilot and her daughter Ms. Sumedha Dhani a lecturer. Does she have the right to ask for money from her son and daughter to survive. They say that it's not their duty to take care of her for whole life. Please help.
2007-07-26 20:31:36 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes she can ask for maintenance from her husband, son & even daughter under section 125 of the criminal procedure code, 1973. This provision of law has been specially enacted for the destitute wife, parents & children to claim monthly maintenance from the husband, children or the parents as the case may be. She has to file a petition in the court of the first class magistrate against these relatives & claim such maintenance from them, the amount of maintenance which was once fixed as Rs500/- has been removed & the court can order such amount that will be sufficient for her monthly maintenance against any or all of these relatives. The divorced wife can also claim such maintenance from her husband till such time she get remarried or gets own income for her maintenance. Only recently the present union government has introduced a new bill in the parliament for the protection of the aged parents & for provision of their proper maintenance by their children failing which these children can face punishment, but that still not made into an Act to be implemented legally.
2007-07-26 22:11:02 · answer #1 · answered by vijay m Indian Lawyer 7 · 5⤊ 0⤋
Yes, as per Indian laws now, old ppl have the right to ask for compensation from their able children. and yes it is not only in case of sons but even daughters are expected to take care of their old parents in the same way as they have an equal share in their parents' property. If ur Mrs. Dhani's children are not ready to take up their responsibility towards their parents then she can very well seek legal help as her kids are doing something which is both legally and morally wrong.
2007-07-27 04:38:07 · answer #2 · answered by palfinder 2 · 0⤊ 0⤋
Is the moral thing to do.I take care of my mom 7 years now and it makes me happy that I am able to give back a small part from what she has done for me.I don't think there is a legal obligation but definitely a moral one.I can't imagine that somebody will turn away from a parent when they are able to provide.Even if they had a falling out.
2007-07-27 03:37:19 · answer #3 · answered by G N 1 · 0⤊ 0⤋
Especially in Bhartiya rivaj / maryada of family traditions with deep rooted cultural seeds, it is shameless to say that similar cases from well developed / settled middle class families showing irresponsiblity / disrespect to their own elderly. Lately more and more similar cases are popping up in / around India and NRIs abroad. Are we getting more & more westernized? In this case it is mother....who was once the Laxmi of the house, a caretaker of the family/home/household. The one who gave birth bringing prosperity and joy is being disregarded now? Why? What example/s are we setting up for generations to come?
I think, a female shall be given highest respect/dignity because of following natural / obvious reasons:
Female has equal level as Mother earth. Like man as farmer sow the seed in earth to germinate the plant, same process goes hand in hand between man and women in real life. In fact, female in real life has even higher value then mother earth.
Think about it!
Thank our mother/s, daughters, wife/wives and women at-large before mother earth!
2007-07-31 13:45:39 · answer #4 · answered by Vick 1 · 0⤊ 0⤋
Her children appear to be successful--I wonder if the children ever stopped to think how long it took their mother to raise them--now it's their turn to help the parents..... It should not be seen as a burden, but the responsible thing to do, however, we don't know all the details.
2007-08-04 01:04:42 · answer #5 · answered by Joan J 6 · 0⤊ 0⤋
It would, of course, depend on what the laws in India have to say about this. Technically speaking, her children are correct. Ethically speaking, they are dead wrong. Would it kill them to send their mother a few rupees every month?
2007-07-27 03:37:08 · answer #6 · answered by Richard B 7 · 0⤊ 0⤋
Legally, she has no right to ask them for money. Morally, of course, she raised them for so many years and they should return the favor.
2007-07-27 04:00:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
No one has the right to ask for compensation from their children. Children did not ask to be born.
2007-08-03 21:41:54 · answer #8 · answered by Anonymous · 0⤊ 0⤋
She should pray they all end up in Pakistan
2007-08-03 21:31:12 · answer #9 · answered by Anonymous · 0⤊ 0⤋