If you are stuck in such a situation, here is what to do.

Imagine a young man, Mr. Sameer, just 19 years old, who receives a life-altering diagnosis of a serious medical condition. This personal crisis is compounded by a family crisis: his parents, Mr. and Mrs. Gupta, are already going through a contentious divorce, which includes allegations of domestic abuse. His mother has been his primary caregiver, but her financial resources are dwindling. The father, a well-established professional with significant knowledge of the financial and legal system, initially provided a nominal sum for the treatment but has since withdrawn all support. He has explicitly refused to provide any further funds for his son’s life-saving treatment. Left with mounting medical bills and no insurance, Sameer and his mother are in a desperate situation, wondering what legal recourse they have to secure the necessary funds.

Advice in such cases

Navigating such a distressing situation requires a calm and strategic approach. The law provides remedies, but you must act diligently to secure them.

• Gather all medical documents, including diagnosis reports, treatment plans, and all bills paid so far.
• Collect any evidence of the father’s income, assets, and lifestyle. This can include bank statements, property documents, and even photographs showing a high standard of living.
• Document every instance of the father refusing to pay, including text messages, emails, or notes from mediation attempts.
• Do not delay in seeking legal help. The court can grant interim maintenance for immediate relief while the main case is pending.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

In India, several laws ensure that dependents are not left without financial support, especially in medical emergencies. The primary provisions include:

• Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This is the most crucial section. It mandates that a person with sufficient means must maintain their children (minor or major) who are unable to maintain themselves due to any physical or mental abnormality or injury. A severe illness squarely falls under this provision, making an adult son eligible for maintenance from his father.
• The Hindu Adoptions and Maintenance Act, 1956 (HAMA): Section 20 of HAMA obligates a Hindu to maintain their legitimate or illegitimate children and their aged or infirm parents. The courts interpret this provision to include children who, despite being adults, are unable to support themselves due to illness.
• The Protection of Women from Domestic Violence Act, 2005 (PWDVA): The mother can also seek monetary relief under this Act, which can include the expenses incurred for her son’s treatment as part of the financial support she is entitled to.

If you are the complainant

If you (the mother or the son) are filing the case, your approach should be methodical.

• File a comprehensive petition detailing the son’s medical condition, the treatment costs, the father’s financial capacity, and his refusal to support.
• Simultaneously file an application for interim maintenance. This is a request for the court to order the father to pay a monthly amount immediately to cover ongoing medical and living expenses, pending the final decision of the case.
• File an application compelling the father to disclose his income, assets, and liabilities via a sworn affidavit, as mandated by the Supreme Court. This is especially important if you suspect he will try to conceal his true income.
• Present all medical bills and receipts to the court to claim reimbursement for the expenses already borne by the mother.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the person suffering from the illness and lack of funds, your role is crucial.

• Your medical condition is the central fact of the case. Ensure your legal team has all up-to-date medical records.
• If required, you may need to be present in court or have a medical certificate submitted to explain your condition to the judge.
• Keep a record of all your expenses, not just medical but also related costs like special diet, travel to the hospital, etc.
• Focus on your recovery. The legal battle is a means to an end, which is securing your health and well-being. Let your legal counsel handle the stress of the court proceedings.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

It is important to understand that a case for maintenance is a civil matter, not a criminal one. Therefore, the police have no direct role in filing the petition or compelling the father to pay. The entire process is handled by the Family Court or the Magistrate’s court. Police involvement only arises in specific situations, such as if the court issues an arrest warrant for deliberate and continued non-payment of maintenance that it has already ordered, or if there is a separate criminal complaint for domestic violence or criminal intimidation.

FAQs people normally have

Can a mother and her adult son file a joint maintenance case?
Yes, it is possible and often practical. A single petition can be filed where the mother claims maintenance for herself and also for her adult son who is unable to support himself due to his medical condition. The court can then award maintenance separately for both.

Can we claim reimbursement for money already spent on medical treatment?
Absolutely. The court can order the father to reimburse the expenses that the mother has already incurred for the son’s treatment. It is vital to provide all original bills and proof of payment to substantiate this claim.

How is the amount and duration of maintenance decided?
The court decides the amount based on the needs of the son and mother, and the financial capacity of the father. For the son, the maintenance will likely be linked to the duration of his illness and his inability to earn. If he recovers and can support himself, the father can apply to the court to modify or stop the payments. The maintenance for the mother will be decided based on the divorce proceedings.

What if the other party is a professional and tries to hide their income?
This is a common challenge. Courts are aware of such tactics. Your lawyer can file an application to compel him to submit a detailed affidavit of his income and assets. Furthermore, the court can assess his income based on his lifestyle, profession, and other circumstantial evidence. If he is found to be deliberately concealing income, the court can draw an adverse inference against him and award a higher amount of maintenance.

What evidence is required?

To build a strong case, you will need the following evidence:

• Proof of Relationship: Birth certificate of the son, marriage certificate of the parents.
• Medical Evidence: All medical reports, diagnosis summaries, doctor’s prescriptions, and a certificate detailing the nature of the illness and inability to work.
• Financial Evidence (Expenses): All original medical bills, pharmacy receipts, hospital invoices, and proof of payments made.
• Evidence of Father’s Income: Salary slips, income tax returns, bank statements, business records, property documents, or any other proof of his financial status and lifestyle.
• Evidence of Mother’s Income/Lack Thereof: Her bank statements and an affidavit stating her financial situation.
• Communications: Any messages, emails, or call recordings showing the father’s refusal to pay.

How long will the investigation take?

In maintenance cases, there isn’t an “investigation” in the police sense. It is a court proceeding. The timeline can vary greatly depending on the court’s workload and the complexity of the case.

• Interim Maintenance: The primary goal is to secure an order for interim maintenance. This can typically be granted within 3 to 6 months from filing the case and provides immediate financial relief.
• Final Order: The final disposal of the case, where all evidence is examined in detail, can take longer, potentially 1 to 3 years or more. However, the interim order ensures that essential expenses are covered during this period.

Advocate Sudhir Rao, Supreme Court of India