• Legal obligation to provide maintenance for biological mother

Respected Sir/Madam,
I am a 30 year old woman and my parents split up when I was about 10 years old. Am I legally obligated to provide maintenance for my biological mother (currently 50 years old) even though my parents split up when I was a child?
My biological mother has been mentally unstable (psychiatric patient) since I was a child and taking personal care of her as the only daughter is impossible for me due to various reasons and previous traumatic memories.
My intention was and is to support her financially but I suspect her family will try legal options to make me take more responsibility.
How much am I legally obligated to pay for her care and am I obligated to have her live with me, in addition to financially supporting her? Would I be penalised for wanting to get her admitted in a special care facility for people with mental issues?

These questions have been troubling me for many years. I appreciate any help with this.
Thank you.
Asked 4 years ago in Family Law
Religion: Hindu

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9 Answers

You are bound to maintain your mother even if your parents  have split when you were 10 years old 

 

you would not be penalised for getting her admitted in special care facility 

 

you are not obligated to have her stay with you 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Dear Ma'am,

1. You have an equal obligation as any son to maintain your mother/parents. However, a married daughter's obligation will only arise when she has sufficient means of her own to maintain her parents, independent from that of her husband.

2.  You only have the obligation to provide Maintainance and are not obligated to live with your mother. 

3.  You will not be penalized for taking any step for better care and treatment of your mother.

Thank You.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

If your parents separated long back and your mother didn't have your custody ie you lived with your father/guardian then you don't have any obligations as such because law must have provided her with maintenance etc. Although being a child moral obligations do exist.

You can admit her in an institution and since you are her child no criminal liability can be imposed upon you as long as intentions are not malafide.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It is her husband who is primarily liable to provide her maintenance. Only in the absence of husband daughter is liable. Presuming   his absence, daughter is liable to maintain a mother. it is not required to you should take personal care of her, it can be through old age home also. There is no such compulsion under law to provide personal care. It is sufficient if you pay expenses towards her medical and other care. You are not required to keep her with your. Under Welfare of Parents and Senior Citizens Act, recently maintenance of 10 k is awarded to a single parent. It should around that. Question  of penalty arises only in case of failure to obey order passed by Tribunal.

Ravi Shinde
Advocate, Hyderabad
5128 Answers
42 Consultations

It becomes your father's responsibility to pay maintenance amount to your mother even if they are divorced, provided your mother is filing  a petition under section 125 cr.p.c.   stating that she is not able to sustain her expenses and she has no source of income to meet her own expenses or maintain herself.

If your father is also having no income from any source  or if your father is no more living then the burden of maintaining your destitute mother shall fall on her children.  If you are the only child and having proved that you are sufficient sources of income  then, by an application filed under section 125 cr.p.c., your mother can claim maintenance  amount from you through court. 

However in such case, it is not necessary that you are obligated to keep your mother with you under your direct care and custody. 

You can simply express to pay an amount towards monthly maintenance. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

- Since you were separated when you was just 10 years old, but after getting the parents you become a part of family and become bound to maintain the mother due to her financial or physical crisis. 

- Further , other members of the family cannot restrained you for serving your biological mother , and to maintain her as well. 

- Further, other members are also under obligation to provide her maintenance  as well. 

- They cannot create any trouble for you legally. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You need to take care completely if there are no siblings. The expenses will be divided. You can show your inability compared to expenses of mother if it's on higher side. You need to justify the same before court. 

If you need any further assistance then you can approach me through kanoon or LinkedIn.

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

there is no legal obligation as such but there is moral obligation on a daughter to maintain her mother

this moral obligation has been given a legal recognition in the Senior Citizens Act passed by the Indian Parliament using which any person who has information that a senior citizen is not attended, can apply to the Senior Citizens Tribunal for a direction to her family members to maintain the said senior citizen

as regards admitting her in a special care facility, if there are reports from the psychiatrists which say that she has to be so admitted, then pursuant to that if you get her admitted, you wont face any penalty or be legally liable 


The statement of objects and reasons for enactment of the
2007 Act is as under:-


“ Traditional norms and values of the Indian society laid
stress on providing care for the elderly. However, due to
withering of the joint family system, a large number of elderly
are not being looked after by their family. Consequently, many
older persons, particularly widowed women are now forced to
spend their twilight years all alone and are exposed to
emotional neglect and to lack of physical and financial support.
This clearly reveals that ageing has become a major social
challenge and there is a need to give more attention to the care
and protection for the older persons. Though the parents can
claim maintenance under the Code of Criminal Procedure,
1973, the procedure is both time-consuming as well as
expensive. Hence, there is a need to have simple, inexpensive
and speedy provisions to claim maintenance for parents.
2. The Bill proposes to cast an obligation on the
persons who inherit the property of their aged relatives to
maintain such aged relatives and also proposes to make
provisions for setting-up oldage homes for providing
maintenance to the indigent older persons.
The Bill further proposes to provide better medical
facilities to the senior citizens and provisions for protection of
their life and property

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1. You are to maintain your old and ailing  mother.

 

2. Ordinarily the Court decides the amount if the matter goes to the Court and it might be anywhere between 1/3rd to 1/4th of your net monthly earnings after substracting the statutory expenses.

 

3. Ordinarily you can not be forced physically keep your mother along with you  though it is the Judge's decision to be taken on humanitarian ground.

 

4. You can arrange for her staying in old age home fit to keep mental patients of old age.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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