Your advocate
Your advocate:
This week Your Advocate is Barrister
Omar Khan Joy, Advocate, Supreme Court of Bangladesh. He is the head of the
chambers of a renowned law firm, namely, 'Legal Counsel', which has expertise
mainly in commercial law, corporate law, family law, employment and labor law,
land law, banking law, constitutional law, criminal law, IPR and in conducting
litigations before courts of different hierarchies. law firm
Query:
I am 65 years old and suffering from
cancer. My husband died in 2011. After his demise, I have been living alone at
my flat located in Gulshan, which is the only thing that I have inherited from
my husband. My husband and I took great care of all our children and raised
them to the best of our abilities. They are well educated and well settled. My
elder son lives in London and my other son and daughter live in Dhaka with
their families. They have inherited large volume of properties and money from
their father. To my utmost disappointment, none of them take care of me and
they only call me during festivals. I am financially independent so I do not
need any money from my children. All I want is their company and reasonable
time and communication. Recently, I saw a TV program about a new law for
parents' rights. I would like know more about this law. Do my children owe any
responsibility towards me under this law?
Response:
At first, I would like to thank you
for your query. I regret to learn about the behaviors of your children towards
you.
In Bangladesh, maintaining the
parents and giving them time especially during their old ages have been
practiced from moral, social, cultural and religious perspectives. It is a
matter of deep regret and concern that during the recent pasts, such practices
and long traditions are being gradually eroded even within the educated and
affluent families. In 2013, a new law, namely, Maintenance of Parents Act-2013
was enacted to confirm the maintenance of parents by their children. So,
maintenance of parents is now a legal obligation for children as well on top of
being only a moral, social or religious obligation.
For your ease of understanding, I
would like to give an overview of the Maintenance of Parents Act, 2013. As per
the definition in the Act, Maintenance means providing food, clothing, medical
care, shelter and company to the parents. The Act ensures that all children who
are capable must provide maintenance to his/her parents. To confirm the
maintenance of parents every children shall live with their parents. If any
parents have more than one child then they must ensure their parents'
maintenance in consultation with each-other. Children cannot force their
parents to live separately or at an old home. Every child must take care of
their parents' health and give necessary medical care and attention. If the
children live separately from their parents then they must visit their parents
regularly and give a reasonable amount from their daily or monthly or yearly
income, whichever is practicable.
If father is not alive, children are
obliged to provide maintenance to their paternal grandparents and in case of
mother's death; maternal grandparents will get the maintenance.
Breach of any provision of the Act
will be considered as an offence and whoever breaches any provision of the Act
will be liable up to 1 (one) lac taka fine and in default of payment of the
fine; the offender shall suffer imprisonment of a term not exceeding 3 months.
If children's spouse, offspring or close relative do not cooperate or put
barrier to provide maintenance to parents then he/she will also be punished under
the Act as an accomplish. The punishment of an accomplish is same as the
offender.
The Court can only receive the
complaint when the concerned parent makes a complaint in writing. The Court can
send the complaint for compromise settlement to the concerned Chairman/Member
of the Union Parishad or to the Mayor/Councilor of the concerned City
Corporation or Pourashava or to any other suitable person. The concerned
Chairman, Mayor, Member or Councilor will hear both the sides and then try to
settle the matter. The complaint if so settled will be considered as settled by
the Court.
You are a financially independent so
I understand you do not need money from your children. All you need is their
reasonable presence in your life. I can understand what you are going through
alone fighting cancer. You need your loving children beside you in this battle
more than anything. You have already noticed from my above overview that
maintenance includes giving company to the parents apart from proving food,
clothing, shelter and medical care. If the capable children cannot provide
maintenance to their parents it will be considered as an offense. Therefore,
your children have a legal obligation to give you company and take good care of
you.
You have the option to make a complaint
against them at First Class Judicial Magistrate's Court or Metropolitan
Magistrate's Court.
My best wishes are with you. I hope
that the aforesaid opinion will help you to understand your legal rights. I
also hope and believe that this write up will prick the consciences of all
children around the world and provoke them to rethink about the manners they
deal with their parents.
For detailed query contact: omar@legalcounselbd.com
Source: Daily star
Presented by Law Firm
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