Is it the responsibility of a son to take care of his parents? Can parents ask their son to provide them with monthly maintenance? What if the son agrees to provide maintenance only if his parents stay with him and deny it if they live separately? Many such questions rise in our day-to-day life. Every alternate day disputes arise when a son does not take appropriate care of his parents. What should you do in such a case?
Recently, the Bombay high court delivered a landmark judgment discussing law regarding this. The court said that it is the responsibility of a son to take care of his parents and provide them with fixed monthly maintenance. In this blog, we will discuss about this judgment of the Bombay high court. If you are also going through the same issues with your son then you can ask him to provide you with fixed monthly maintenance.
Jagannath Bhagnath Bedke Vs Haribhau Jagannath Bedke, 2022
In July 2022, the high court of Bombay discussed this law regarding sons’ responsibility for maintenance in Jagannath Badke vs Haribhau Bedke.
Facts
- A man had 3 daughters and 1 son. And his wife used to live with his son and her daughter-in-law. His daughters were also married. But he used to live alone and had no source of independent income.
- The father approached the court under section 125 of CrPC and demanded that his son earns a good amount of money so his son should provide with him maintenance.
- The magistrate gave the judgment that the son should give his father Rs 5000 every month as maintenance.
- The son went to the appellate court to file a revision petition against this order. He mentioned that his father sold a property from which he received a huge amount of money therefore there is no need for him to provide his father with maintenance. The appellate court favored the son and dismissed the decision of the magistrate. The court declared that the son need not pay maintenance to his father.
Judgment
The father approached the high court of Bombay against the order of the appellate court. His father mentioned 2 grounds for receiving maintenance: –
- Even if the father received money after selling the property it does not mean that the son is free from his responsibility of providing maintenance to his father. As a child, his father took care of him and his expenses therefore the son should also support his father in his old age.
- Why should the father stay with him to receive maintenance? His father has his independence and can choose to stay where ever he wishes. He provides the reason that his son and his daughter-in-law ill-treat him so he does not wish to stay with them.
The high court of Bombay delivered the judgment in favor of the father. The court said whether his father sells his property or not does not matter. According to section 125 of CrPC the son must provide maintenance to his father as he is unable to maintain himself. Also, the son cannot force his father to live with him to receive maintenance. Whether his father stays with him or not the son is liable to give him maintenance.
Therefore, the high court ordered the son to provide fixed monthly maintenance to his father. The court also reminded the appellate court not to pass such judgment and remember the basic meaning of section 125 CrPC.
*Appellate court is a court that hears appeals against a judgment of a trial court or lower court.
Section 125 of CrPC
According to this section if you are unable to maintain yourself, whether you are a wife or a husband or a senior citizen or mother-father then you can file an application in the respective court. With the help of this section, the person responsible for you will have to provide you with maintenance every month.
For example, if a wife is unable to support herself then her husband will be directed to give her maintenance.
Conclusion
Section 125 guarantees that if parents or parents of a son are unable to maintain themselves then it is the responsibility of the son to give monthly maintenance to his parents. It does not matter whether his parents live with him or not. Also, along with section 125, there is the Maintenance and Welfare of Parents & Senior Citizens Act, 2007. Through this act, a parent can file an application to the concerned SDM (Sub Divisional Magistrate) if their child is ill-treating them. If the judge approves the misery of the parents, then it may award them up to Rs 10,000 monthly maintenance. The parents can also remove the son from their property if their son does not treat them properly.
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