Maintenence

Dear Client,

According to the provisions of Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which was previously Section 125 of the Criminal Procedure Code (CrPC) and the Maintenance and Welfare of Parents and Senior Citizens Act (MWPSC), 2007, the right of the parents to claim maintenance arises only in case they are unable to maintain themselves. Therefore, considering that your father is employed and has ownership of a house, your father’s financial position seems to be stable enough. Although your parental differences or objections to your marriage do not release you from your duties as a son, the courts always consider the economic situation of your parents in the context of yours. 

I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you

Dear Sir, If they refused to maintain family harmony or forced you out, and if this can be substantiated, it can support your case that they are misusing legal provisions for harassment. However, this does not automatically bar a claim for maintenance if they are genuinely destitute. But intent and background are considered.

Legally, morally and ethically your mother's husband is your father for all purposes. Yes, your parents are legally entitled to claim maintenance from you if they do not have sufficient source of income.