• Responsibility of sons for keeping their mother

My husband has 2 elder brothers... My husband only keeps her mother in our House.. And the other 2 doesn't want to keep her for a single day... Whenever we request they say we will not keep her do whatever you want..my mother in law always creates tension i n the house...now it  has become impossible  for me to bear her..please suggest something that can be done so that me my family can live peacefully for at least some months
Asked 3 years ago in Family Law from bhilai, Chhattisgarh
Religion: Hindu
1. Let there be a family arrangement between your husband & his brothers to look after their mother turn by turn viz., 4 months in a year by each son.
2. Let your husband convince his 2 elder brothers to look after their mother, as it is the duty of the children to look after their parents during their old age. When she was young, without discriminating amongst her children, she would have looked after her children very well and would have supported the children by sacrificing her personal needs.
Shashidhar S. Sastry
Advocate, Bangalore
1649 Answers
109 Consultations

5.0 on 5.0

1) it is duty of all children to maintain their parents 

2)your mother in law can move senior citizen tribunal and claim maintenance from her sons 

3) if your mother in law is agreeable she can stay in old age home rub by dignity foundation and all children can bear the expenses 

4)you cannot force your mother in law out of your husband residence 

Ajay Sethi
Advocate, Mumbai
46737 Answers
2767 Consultations

5.0 on 5.0

1. The children are under an inescapable legal obligation to look after their parents and also to provide them necessary finances when they are in the evening of their life. This responsibility is personal and joint among all the children of your mother-in-law.

2. If your husband wants to evict her then he has to prove that his brothers are willing to maintain her.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 make it a legal obligation for children and heirs to provide maintenance to senior citizens and parents, by monthly allowance. This Act also provides simple, speedy and inexpensive mechanism for the protection of life and property of the older persons.Maintenance includes provision for food, clothing, residence, medical attendance and treatment

Section 125(1)(2) of CRPC also makes it incumbent for a person having sufficient means to maintain his father or mother who is unable to maintain himself or herself and on getting proof of neglect or refusal, may be ordered by a first class magistrate to make a monthly allowance not exceeding Rs.500/-.

Hindu Adoption and Maintenance Act, 1956 by Section 20(1)of the act, every Hindu son or daughter is under obligation to maintain aged and infirm parent, if unable to maintain himself or herself is entitled to maintenance. Amount is determined by the court taking into consideration the position and status of the parties.

So in your case all the children’s (Husband and his brothers) are liable to protect their parents. Openly talk to them and bring them under one roof for providing proper care to your mother in law. 
Ajay N S
Advocate, Ernakulam
2821 Answers
47 Consultations

5.0 on 5.0

Hi, it is the duty of son to look after his parents in your case your husband brothers has not willing to take care of your mother-in-law you can file a petition for maintenance against your brother of your husband under section 125 of the Criminal Procedure Code.

2. So request the court to take care of your mother-in-law for period 4 months in a year or rotation basis so that you will get some reliefs. 
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1. It is the responsibility of the sons to maintain their mother,

2. It is a shameful affair since sons are thinking their mother as burden,

3. The sons and their wives also will become old one day and may face similar problem from their sons of specially daughters in law,

4. However, the mother can file a petition u/s125 praying for maintenance from all her sons and the Court will come heavily on her sons and their wives,

5. You can not throw away your mother in law in her old age a per law,

6. If she files the petition u/s125, the Court may direct all the sons to maintain her by paying equally and/or keeping her for equal period of time.
Krishna Kishore Ganguly
Advocate, Kolkata
18752 Answers
453 Consultations

5.0 on 5.0

Dear Querist
It is the duty of your mother-in-law sons that they will take care of her, try to settle the matter with the help of the others as relatives and elders.

talk to your husband regarding the tensions created by your MIL.

Nadeem Qureshi
Advocate, New Delhi
4879 Answers
226 Consultations

4.9 on 5.0

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