To live a dignified life, a person needs basic niceties like food, shelter, and other paramount. It is a moral duty for a man to perform the above-mentioned niceties to his wife, children, and parents in the form of maintenance. Maintenance is the process of maintaining someone or somebody. Before 1973, there is no provision of maintenance for parents. But, for the first time, there is a provision for the maintenance of parents in Section 125 of the Code of Criminal Procedures in 1973.
Maintenance under the Code of Criminal Procedures:
The provisions entailed under Sections 125 to 128 of the Code apply to all persons irrespective of their religions and runs parallel to the personal laws of the parties. It means that even if a personal law has specific and detailed provisions for maintenance, it cannot make the provisions under C.R.P.C inapplicable[1].
Section 125(1) (d) of the Code of Criminal Procedure discusses the maintenance for parents to be provided by children.
The section states 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 not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct”[2].
Conditions for claiming Maintenance:
1. Both the parents are unable to maintain themselves: A parents can claim maintenance in the following situations:
- Both the parents must be unable to maintain themselves
- A person whose name order is passed is bound to give maintenance to his/her parents
2. Daughter is also liable for parent’s Maintenance: It should be noted that the son is not only the one who is liable for their parents. A Daughter is equally liable for their parents too as mentioned in the above circumstances. Whether she is married or not she is entitled to give maintenance to their parents. However, before passing the order to the married daughter, she can give maintenance only when her husband is financially stable and independent.
3. The adoptive mother can also claim maintenance: Mother whether biological or adoptive both have the right to obtain maintenance from their children. Adoptive mother rights for maintenance is the same as the biological mother.
4. Stepmother can also claim maintenance: A stepmother can also claim maintenance from his/her stepson when she is a widow or childless or her husband who is also incapable of providing for her.
Maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007:
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 looks to make a legitimate commitment for children and lawful beneficiaries to give support to senior residents. It even allows state governments to set up old age homes in each area. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 act approves State governments to set up maintenance tribunals and appellate tribunals to choose the issues identified with the maintenance of the elderly. The demonstration gives a privilege to the senior residents and guardians to apply to maintenance tribunals looking for a month to month recompense from their children or legitimate beneficiaries.
Who can claim under the Act?
Followings are the person who can claim under this Act:
- Parents- With the end goal of this Act, Parents include father or mother whether biological, adoptive, or stepfather or stepmother. Anyway, it is relevant to specify here that it isn’t the necessity of the Act that the guardians ought to be senior residents.
- Grandparents- Grandparents incorporate both maternal and paternal grandparents.
Married Daughter is also obliged to give Maintenance:
Along with a son, Section 125 C.R.P.C imposes liability even on daughter whether married or unmarried, having sufficient means to pay maintenance to her parents who are unable to maintain themselves[3]. A Daughter is equally liable for their parents as mentioned in the above circumstances. Whether she is married or not she is entitled to give maintenance to their parents. However, before passing the order to the married daughter, she can give maintenance only when her husband is financially stable and independent[4].
Conclusion:
The elderly, as an unmistakable gathering of the total populace, are qualified for an agreeable and secure condition with their requirements tended to. In the ongoing occasions, with the introduction of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the idea of support for the elderly has been given a wide extension as it incorporates guardians as well as even grandparents and childless guardians also. Recording an application under the previously mentioned Act for asserting upkeep is the best choice accessible when contrasted with documenting an application under Cr.P.C or the Personal laws.
References:
[1] https://www.legalbites.in/persons-entitled-to-claim-maintenance-under-section-125-of-the-cr-p-c/
[2] https://blog.ipleaders.in/can-a-parent-claim-maintenance-from-a-child/
[3] https://www.scconline.com/blog/post//maintenance-children-and-parents/
[4] Vijaya Manohar Arbat v. Kashirao Rajaram Sawai, (1987) 2 SCC 278.
This article is authored by Shreya Gupta, Second-Year, BBA.LLB, student at JIMS Engineering Management Technical Campus (JEMTEC)
Also Read – Constitutional Validity of Section 125 of Criminal Procedure Code
