Hi, if your mother is 1st wife or second wife.......... it is better go before the family court for seek maintenance under section 125 of the Code of Criminal procedure, as her husband failed and neglected maintain his wife. your mother has entitled for maintenance.
Pension/maintenance for supporting health expense for my mother
Hello, I am writing on behalf of my Mother (Age 69), who is suffering from Dementia for last 4 years and is been treated (hospitalized full time) at Nigthangale Alzheimer Centre in Bangalore for 3 years now. I brought my mother to Bangalore 14 years back (since i got job) with consent from my father (79, Pensioner Govt servant), since he was not taking proper care of her and she was under tremendous mental pressure. Currently, he stays in his house at Kolhapur and manages himself. I have 2 step brothers who resides in their own house and somehow take care of him (He takes his food outside still). On the relationship front, I still maintained it well with my father. We (Myself & My Mother) dont hold any property or share of his nor any financial support for last 14 years. Now he has transferred the ownership of all the property titles to his both sons (offcourse with huge pressure from them). My Father intended to give some share in his property to me/mother, but it never happened due to huge pressure from his sons. I have fully taken responsibility of my mother and managed all the personal/medial expenses (Avg 21,000/M, to support i have all medical bills) his independently till now and never forced my father to support it. As i knew his nature and his incapability/decisiveness to support her and take care of her. I mentioned/requested him many times to secure her life and atleast make provision for her medical expenses (through some lump-sum amount or monthly some amount > He is getting roughly 20K / month. I am not sure on the exact figure) but it never happened and he didn't show keen desire to do that , however he says (even his sons) he is ready to do/support me but it never happened. I just want to ensure that my mother's future is secured her remaining days goes peacefully and her medical expenses (which is going to last forever) are taken care, even in case something unfortunates happens to me. I want to seek your opinion on what options i have with me and how do i go about. Thankyou in advance Gautam Gaikwad
Asked 10 years ago in Family Law
Religion: Hindu
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13 Answers
it is duty of your father to take care of your mother as she is his lawfully wedded wife . . i would suggest make an application under Maintenance of Senior Citizen Tribunal on behalf of your mother for medical expenses . your mother can get upto Rs 10,000 per month
Thanks a lot Pradeep & Siddhartha for your quick response My mother is a second wife.My Father's first wife expired & he has now 2 sons (3rd son expired 4 yrs back) & 2 daughters from his first wife. For long time i avoided the legal hassle and tried to manage as much as possible and allowed him with time to take decision. Inspite of all these, some where i feel bad for my father, who is 79 yrs now and there is no one to take care of him properly. He is really struggling in his olden days and in confused state (which he was always) and not able to take a strong action/decision even he knows that whatever is happening is wrong. Also i some how feel little guilty that i took away his wife (My mother) 14 yrs back from him and left him on his own, but at that point of time, i thought it was right thing and took that step. Now I am still not sure and in dilemma, if the legal action is right step to take and take the old person to the court and add to his struggle. I am just wondering if there is any simple way to solve this tussle. Thanks again for your advice & suggestion Regards Gautam G
Asked 10 years ago
was second marriage performed after death of his first wife? . if your father is 79 years old dont drag him into legal hassles . for last 14 years your mother has stayed with you and your father has managed on his own . he is hardly getting pension of rs 20,000 a month which is just sufficient to survive these days . go and meet him personally and try to arrive at an amicable settlement
Hello Ajay, Thanks a lot for your advice. Yes My father married to my mother after death of his first wife... Your advice looks sensible to me as even i feel the same within, but i wanted to be aware of all the legal support system & guidelines to protect & secure my mothers future, incase of any uncertainty. What could be the best settlement (towards securing my mothers needs) while ensuring that my father is having sufficient money for his survival. To brief about my fathers assets (apart from his pension) 1. Current House(own earned) in Kolhapur (estimated to be atleast 60/70 Lakhs), which was forcefully transferred to elder sons kid very recently. 2. Residential plot (bought from money earned by selling ancestor property) of 4500 sqft (estimated to be atleast 60/70 Lakhs), which is in name of second son. 3. FD of atleast 4/5 Lakhs. Thanks again for your response Gautam Gaikwad
Asked 10 years ago
1)if father has transferred hi self acquired house by gift deed then sons would be absolute owner of said house .
2)if plot is in name of second son your father cant give you any share in said plot .
3) fixed deposits of Rs 5 lakhs can be given to your mother . ideal share for your mother ought to be around 30 lakhs . go and meet your father personally.
4) in addition please check whether your father in pension records has mentioned name of your mother as his wife . so that on his demise your mother can atleast get some pension
I agree with Ajay Sethi.
your mother is definetly entitled for a decent amount of maintenance
You can file a maintenance petition under section 125 of Cr.PC on behalf of your mother or your mother can file the same before court where she residing against your father and get maintenance from him for your mother as she is legally wedded wife of your father and unable to maintain herself.
feel free to call
Law has cast a duty on your father to provide to your mother finances as are sufficient for her to take care of all her needs. This is a duty which cannot be shirked in any manner. Since your father has abdicated performing this duty your mother can sue him for maintenance whereupon the court will order him to perform this duty by way of paying a fixed amount every month.
1. If the house in Kolhapur belonged to your father then he had every right to transfer it to his sons. Your mother could have moved court for obtaining a stay order over the sale, but now that it has been sold no legal action can be brought by her with respect to this house. If it has been got transferred from him under force then it is for your father to move court and challenge the transfer.
2. As regards the residential plot you can file a case for culling out your share therein as it has been purchased by selling the ancestral property. Ancestral property could not have been sold by him without your consent. Once you receive your share therein you may be better placed to lend financial support to your ailing mother.
3. The movable property can be given by him to any one at his sweet will as he is the legal owner thereof.
Dear Lawyers, Thanks a lot for your advice. I understand from all your advice that there is good possibility of getting the due maintenance for my mother. To answer Ajay's question, My father pension book has record of my mother as his wife, but is it enough to make an ordinance to directly get the share of pension to her account. Is yes, how much percent she can claim & what is the procedure for it ? I have few questions further ; 1. Could you brief me in short @ section 125. 2. In case, if i want to file the case under section 125, Can i file it @ Bangalore (where my mother currently resides, looking at her condition that she cannot travel and manager herself) or it has to be filed in Kolhapur only (where my father resides and the property is located) 3. What would be the best trade-off /compromise, if all of us (My Father, My two step brother and myself) sit and try to negotiate taking into account my fathers house, plot, FD's and his pension. What should be my logical stand (a. Negotiable and Non Negotiable) ensuring my mother and fathers survival is not affected and is taken care in the best way. Just to provide more information on my S-brothers : a) Elder (@ 58yrs) : working in central govt, has his own acquired house(with little help from my father), has 2 sons and 1 daughter : My Father's house is recently transferred to his elder son in society (I am not sure if it is yet registered). b) Second Son (@ 55 yrs) : Private service + Auto, has his own acquired house (with little help from my father). has 1 son and 1 daughter : The property purchased by selling ancestral property is in his name. If you need any further information, i can provide. Thanks a lot for your response and advice. Regards, Gautam G.
Asked 10 years ago
1)what i meant was on his death your mother would receive the pension amount as she is mentioned as wife in goverment records .
2)you can file case in bangalore wherein she is currently residing .. not necessary to file in kolhapur .
3) i had already suggested sum of Rs 30 lakhs would bbe an ideal figure . even if your father gives lesser amount grab it provided it is reasonable .
4) number of lawyers in kaanoon.com are from bangalore . contact any of them for legal guidance
1. You can jolly well file the case at Bangalore i.e where your mother is residing currently. Your father shall have to appear in the court at Bangalore. Many lawyers from Bangalore are on this website, you may engage any of them.
2. In case the issue is to be settled out of court amongst all of you then you have to decide the cumulative amount which in your opinion will suffice to compensate your mother for the indifference shown by her husband over the years, the amount incurred so far on her medical treatment, future medical expenses and an amount which will secure to her a reasonable standard of living.
3. As regards the property rights, you may lay a claim over the sale proceeds realised from the sale of ancestral property.
Hello Lawyers, Just to give a brief over of my family Mother :71 yrs, Staying with me for last 16 years Father : 83 yrs, passed away very recently. Step Brother 1 : 58 yrs, staying in his own house Step Brother 2 : 52 yrs, staying in his own house Myself : 36 yrs, staying in my own house (different city) + 2 step sister married My mother is a second wife. My Father's first wife expired & he has now 2 sons (3rd son expired 7 yrs back) & 2 daughters from his first wife. My Mother (Age 71) is suffering from Dementia for last 6 years and is been hospitalized full time in a respite centre. I brought my mother to me 15 years back (since i got job) with consent from my father, since he was not taking proper care of her and she was physically & mentally abused. During this time he stayed alone & managed himself, without any support of my brothers as they too were not taking any proper care of him (One time food was given by second brother & evening food was coming from outside). On the relationship front, I maintained it cordial relation with my father. All through out these years, I have taken full responsibility of my mother and managed all the personal/medial expenses independently till now(Avg 30,000/M, on medical expenses + others) and never forced my father to support it. As i knew his nature and his incapability/decisiveness to support her and take care of her. I mentioned/requested him many times to secure her life and atleast make provision for her medical expenses (through some lump sum amount or monthly some amount > He was getting roughly 25K / month as a pension. Though he always assured me that he will do something for me & my mother and tried couple of times, but could not do due to mental pressure from his sons. Also to mention you, my father during these years supported financially my brothers to buy & build their assets, education for their children, and any regular incidental expense,etc... To brief about my fathers/Ancestral assets (apart from pension) 1. Current House( build by Father) in Kolhapur (estimated to be atleast 60/70 Lakhs) : This is forcefully transferred (signed by my father) to elder sons kid in the housing society, however it is not yet registered at Tehesildar office nor the 7/12 is issued to him. On behalf of my mother, i sent objection letter well in advance, but my elder brother managed the society chairman and got the transfer done to his elder son. My Father later filed a case to reverse this, but then again he was pressurized to withdraw the case. Earlier my father transferred this property jointly to mine+ his elder son's name, but then he was forced to cancel it. Currently the second brother has filed a case against this and the case is still running. 2. Residential plot of 4500 sqft (bought from money earned by selling ancestor property - estimated to be atleast 60/70 Lakhs) : This plot is in name of second son. He claims that he has out his efforts to buy this property. Though at many instances, he is open to share this property 3. FD of atleast 7/8 Lakhs.- multiple FD's are there under name of all three of us and his grandchildren. 4. Pension : @ 25k - which i am in process of application to get it for my mother -- which can take care of her atleast some medicine expenses We (Myself & My Mother) dont hold any property or share of his assets nor any financial support for last 15 years. So far, i avoided to demand any share of legal property as my brothers use to torture my father and pressurize to get the property & other income in their name. I even avoided legal action and tried to manage as much as possible not to put my father in further trouble, looking at his age & his condition. Even he knew that whatever is happening is wrong and told many times in various instances (even during his very last moment in the hospital with me). Also i some how feel little guilty that i took away his wife (My mother) 15 yrs back from him and left him on his own, but at that point of time, i thought it was right thing and took that step to protect my mother and give her a good life. Brief about my step brothers : a) Elder (@ 58yrs) : working in central govt, has his own acquired house(with help from my father), has 2 sons and 1 daughter. b) Second Son (@ 55 yrs) : Private service + Auto, has his own acquired house (with help from my father) has 1 son and 1 daughter : The property purchased by selling ancestral property is in his name. The second son, shows some support to my claim and also ready to share some portion of the land so i can build 1/2 rooms, as he has an hidden interest that if i get the share in the house, then he need not to share the land with me. I just want to ensure that my mother's future is secured her remaining days goes peacefully and her medical expenses (which is going to last forever) are taken care, even in case something unfortunates happens to me. And i get my due share. i wanted to be aware of all the legal support system & guidelines to protect & secure my mothers future, incase of any uncertainty. What could be best settlement I want to seek your opinion on what options i have with me and how do i go about.
Asked 8 years ago
1) file suit for partition to claim your and mother share in father assets
2)also seek orders to set aside gift deed executed by father
3) i had advised you to contact local lawyer from Bangalore in this regard
Your father is at liberty to transfer his assets to anyone he so desires but he is under an inescapable obligation to provide for his wife. This liability can be enforced by your mother by filing a case for maintenance. Under 125 CrPC he is bound to make a provision to meet the basic needs of his wife as also the medical expenses incurred on her treatment,