If the children not provide maintenance?
ALL parents expect the welfare of their children. No parents want to go against their children, circumstances are that any child compels his/her parents against their will to go to parents care or any other pace for living. Or if any child does not maintain his/her aged parents without any logical cause, then what should be the remedy? In this context remedy might need. And the parents may get their rights of maintenance under the law. Recently such a welfare Act has been passed in Bangladesh. The details are hereinafter.
What is Parents Maintenance Act?
Recently the Government has passed a welfare Act named as the Parents Maintenance Act 2013. Under the Act, if any child does not provide his/her parents maintenance without any logical reason or compels them to live in any parents care or any other place, they may get remedy by complaint. And the offender shall be held liable under the Act.
Who to whom maintain?
In the Act both male and female children are responsible to maintain their parents. Thus equality has been made among them. And maintenance responsibility is not for any specific child rather for all. But if there is more than one child they may ensure maintenance by consultation among themselves.
No child can compel his /her parents to go to parents care or any other place for living jointly or separately. And every child must take care of his/her parents regularly and provide medical facilities. Every child must maintain communication with their parents within their capability if they live separately.
How much is the maintenance?
Every child must provide a logical amount of money for maintenance from their earnings if the parents do not live with the children.
To whom are to maintain except parents?
The Act is not confined to the maintenance of the parents. It has also given emphasis on the maintenance of the grandparents both from father and mother. In the absence of father and mother, parents of both father and mother will be entitled to the maintenance, as the case may be.
If the children do not comply with the provisions of the Act, it shall be an offence.
What Punishment for offence?
The Act has also enumerated provisions on the crime, punishment and the justice system. Such as if any person violates any above provision he/she shall be entitled to the highest punishment of 1(one) lakh taka and in default of money he/she will be liable to the highest imprisonment of 3(three) months. Besides, if the wife or husband of any child or any other relatives, hamper or non-cooperate in providing maintenance, they shall also be liable to the same punishment.
What type of offences they are?
The offences under this Act are cognizable, bailable and compoundable. Any person may get bail under the Act and the offence may be resolved in private; out of the formal Court system.
Where is to complain?
The complaint shall be filed and adjudicated in the court of First class Judicial Magistrate or Metropolitan Magistrate. The written complaint must be filed by the parents. Otherwise the court will not accept. But who will complain in written in the absence of parents is not specified in the Act. The Act has also not specified any provision specifying the amount of maintenance.
Any alternative solution?
Yes! The court may send the complaint to the concerned chairman, member of the Union Parishad or Mayor, Counselor of the city corporation or any other competent person to resolve the complaint. But the both sides must be given the scope of hearing and thus any decision provided, deemed to be declared by the competent court.
Any complaint under the Act?
In the meantime a complaint has been filed in Chandpur by a father named Md.Liakot Ali against his son Md.Yeasin Rana for not providing him due maintenance.
Last but not least, the social norms and ethics must be explored besides the law. And this Act must be done by the parents themselves. The children must remember that they will also face the consequence of their acts one day in future. If it is perceived so soon; the family, society as well as the country will be a beautiful place to live in.
THE WRITER IS RESEARCH ASSISTANT AT BANGLADESH INSTITUTE OF LAW AND
INTERNATIONAL AFFAIRS (BILIA).
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