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Saturday, October 20

Not maintaining your aged or infirm parents may push you in legal battle.



As per Section 20 of Hindu adoption and maintenance act, 1956, it is obligant upon a person to maintain his or her aged or infirm parents, if they are unable to maintain himself or herself out of his own earnings or other property. Childless stepmother has been included in the definition of the parents. If parents are denied of maintenance they can approach to the court.
The amount of maintenance may depend upon the position and status , reasonable wants, justification of living separately (in case), and other circumstances. The amount of maintenance granted by court may also be altered on change of circumstances.
Maintenance may include provision for food, clothing, residence, medical attendance and treatment etc.
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Section 125 of the Criminal Procedure Code, which applies to all community, makes a provision where parents denied of maintenance may approach to court to seek maintenance. During the pendency of the petition / application there is also provisions of interim maintenance i.e. the maintenance during the proceeding / pending of the case.

And now there is good news for neglected parents. Parliament has already passed the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 according to which children avoiding parents may face imprisonment up to 3 months and also loss of property, which you have taken from your parents.