Supreme Court - Kids after 18 need stay permission from parents/ reverse will follow

Discussion in 'General Discussions' started by ShilpaMa, Feb 8, 2012.

  1. ShilpaMa

    ShilpaMa IL Hall of Fame

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    TOI posted recent article on why and how in India kids after 18 will have to take permission from parents to continue living with them.

    Days are not far now when a reverse ruling shall follow.. parents will have to take permission to live with the child.. after the child turns 18 or gets married :thumbsup.

    What gets implemented and how close are we towards the US style of living shall be seen in near future........... Supreme court can be convinced to pass ruling against parasites in support for sulking parents and next for sulking DILs or SnILs.
     
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  2. ShilpaMa

    ShilpaMa IL Hall of Fame

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    Re: Supreme Court - Kids after 18 need stay permission from parents/ reverse will fol

    An eye opener to many who still believe that parents are their immediate family & they shall forever be their parent's baby .. need not to grow up or take responsibilities ... and their spouse is just a new joinee.... everything shall get redefined and written in clear words... enuff of grey clouds.

    Caevet - Those parasites who choose to stay with parents, might be forced to sign a reverse treaty that they'll continue to take care of their parents and then the prospective brides shall know whom to choose and whom to let go.
     
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  3. Sendeepa

    Sendeepa Silver IL'ite

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    Re: Supreme Court - Kids after 18 need stay permission from parents/ reverse will fol

    I would like to clarify on the post.. Children need their parents permission to stay in their personal property after they attain majority. It is the responsibility of the parents to take care of their minor children,but after children have attained majority,they do not get legal rights to reside in the personal property of their parents. This was observed by Bombay H.C. on hearing a dispute over a flat between a 73-year-old resident and his 35-year-old daughter who he wants to keep out of his house. However we have to wait for the entire judgment since if it is only an observation of the judge it may not have any binding effect.
     
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  4. ShilpaMa

    ShilpaMa IL Hall of Fame

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    Re: Supreme Court - Kids after 18 need stay permission from parents/ reverse will fol

    Dowry harassment laws also started taking shape in similar manner... you can go back and check the laws... Atleast the court has started to look into these matters which were simple nagging and adjustment issues.
     
  5. monita

    monita Platinum IL'ite

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    Re: Supreme Court - Kids after 18 need stay permission from parents/ reverse will fol

    Shilpama,
    Unfortunately, no one cares for laws in India. People prefer to follow the social rules which are more convenient to them. The cases of parents taking their kids to court or the other way around are extremely rare.
    Do you know that there is a law that all grown up kids( sons and daughters) have to provide for their parents?
    The dowry law has been there for decades, but have we seen the end of dowry system? There have been more cases of misuse than valid use. Women, who don't get along with their ILs for any reason file a false dowry case to get back at them. There is at least some dowry given in almost all weddings. Now how much is OK and how much is too much, nobody can decide that. According to law, daughters have equal share in their parents' property, but how many daughters get their share and how many daughters take their brothers to court?
    Laws unfortunately cannot change the system.
     
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  6. RADIODOC679

    RADIODOC679 Gold IL'ite

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    Re: Supreme Court - Kids after 18 need stay permission from parents/ reverse will fol

    i think you read less Indian newspapers-now-a-days cases of parents vs children and vice versa cases tops the civil case list in any indian court still worse killings and subsequent criminal cases are also filed in a equally increasing number.Daughters (atleast in cities) are slowly getting their legal rights aware and also approaching law for justice.Yes indian laws and courts are very slow to deliver justice but there are cases where lankmark judgements have been delivered-a son killed his parents by using cobra and was caught 2 months later since he conspired the kill to dispose 2 crore properties.The other side of the coin also exists-where people want to cheat they keep cheating -but the situation is better now than it was a few years ago!!!
     
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  7. monita

    monita Platinum IL'ite

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    Re: Supreme Court - Kids after 18 need stay permission from parents/ reverse will fol

    Radiodoc,
    I don't read any Indian newspapers. All the news I get is from TV , internet, family and friends. If the situation is changing for better, I guess it is good news for all.
     
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  8. satchitananda

    satchitananda Moderator Staff Member IL Hall of Fame

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    Re: Supreme Court - Kids after 18 need stay permission from parents/ reverse will fol

    Hi Shilpa Ma,

    Went back and read the article. Very interesting.

    According to the ruling, daughters are considered "guests" in their parents' house after marriage. Although it does not mention anything specifically about sons, the word "children seems to imply that it is equally applicable to both sons as well as daughters. There has also been a previous ruling stating that both daughters as well as sons are legally obliged to maintain their parents in case they are unable to maintain themselves. (:::Old Age Solutions:::).

    So the ground realities as of now seem to be:

    Children above 18 cannot live with their parents if the latter do not want it to be that way.

    Children will have to support their parents (maintain) them if they are in such need. I suppose this could include old age homes, nursing homes etc.

    It is certainly interesting since it means that after children are majors and until such time as the parents are financially broke (I wonder if there is any defining age for that say like retired parents), neither has any obligation to each other.

    However husband and wife are obliged to support and care for each other after marriage. So it means after marriage, they are each others primary family. All others are extended family. But as Monita says, people seem to prefer to follow social norms over legal diktats.

    I also wonder what would happen if parents and children start talking to each other purely in legal terms. So, it is probably very essential that everyone comes their senses and starts behaving in a balanced manner when carrying out one's social obligations, so that the question of legalities is kept out as long as possible.
     
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  9. parvathi1980

    parvathi1980 Platinum IL'ite

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    Re: Supreme Court - Kids after 18 need stay permission from parents/ reverse will fol

    It would be ideal if the American way of life is adopted. But even if a law is made would that be sufficient to change the society which will question the dil if she refuses to live with her I laws? A change in the mindset is required. Maybe our generation can make a difference. I on my part am making my future secure and have no desire to depend on my son or even expect him to take care of me just bcoz I am his mother.
    The prejudice against old age homes in India is common. Why not live with people your age instead spend the last years of your life fighting with dil over son? Let them go...
     
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  10. flowerlady

    flowerlady IL Hall of Fame

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    Re: Supreme Court - Kids after 18 need stay permission from parents/ reverse will fol

    In the above case the property must be worth a very handsome amount , maybe crores, its not about parental love at all.If the parents allow the married DD to live as a tenant then she may get the property by default after their death.
    There have been similar cases in other metros for similar reasons.If the property is self-earned by parents then they can will it to anyone they wish. If they inherited it then it has to be divided equally amongst the heirs.
    Such cases are a good example of pure greed , if the DD has taken her parents to court then she could hardly be taking care of them !!
    The parents obviously do not want to be taken care by their DD in this case.
     
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