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

Ms. Kavita Joshi, a 26-year-old marketing professional from the city of Anandpur, finds herself in a deeply distressing situation. Her parents, Mr. and Mrs. Mehra, have recently begun demanding that she repay them for the expenses incurred on her upbringing and education, which they claim amount to over ₹20 lakhs. They have threatened to initiate legal action and file a police complaint if she fails to comply. Kavita has been financially self-sufficient since she began her career at 22 and even paid for her own professional certification courses. The persistent demands and threats from her family have caused her significant mental anguish, compelling her to understand the legal standing of her parents’ claims and her own rights in this matter.

Advice in such cases

• Stay Calm and Do Not Escalate: It is important to handle such situations with composure. Avoid getting into heated arguments which might worsen the domestic environment.
• Document Everything: Keep a record of all communications related to these demands. Save text messages, emails, and if legally permissible in your state, record conversations where threats are made. This can serve as crucial evidence if legal action becomes necessary.
• Do Not Give In to Pressure: Understand that parental duty does not create a commercial debt. Do not make any payment or sign any document acknowledging a “loan” without legal advice, as this could be used against you later.
• 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, there is no law that allows parents to legally claim reimbursement for expenses incurred in raising their biological or adopted child. Such expenses are considered a part of their parental duties and moral obligations. The law views these expenses as a gift, not a loan.

• The Maintenance and Welfare of Parents and Senior Citizens Act, 2007: This Act places a legal obligation on children to provide maintenance to their parents or senior citizens if they are unable to maintain themselves from their own earnings or property. It is crucial to note that this law is for providing for the *future well-being* of parents, not for the *repayment of past upbringing costs*.
• Bharatiya Nyaya Sanhita (BNS), 2023: If the parents’ demands are accompanied by threats to your life, property, or reputation, it may constitute a criminal offense. Sections such as Section 308 (Criminal Intimidation) or Section 387 (Extortion by putting a person in fear of death or grievous hurt) of the BNS could be applicable depending on the severity and nature of the threats.

If you are the complainant (The Parents)

• Understand the Legal Position: Filing an FIR or a civil suit to recover money spent on a child’s upbringing is not legally maintainable and is almost certain to be dismissed by the court. The law does not view parenting as a transactional or commercial relationship.
• Seek Maintenance if Needed: If you are unable to support yourself financially, your legal recourse is to file an application for maintenance under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007. You will need to approach the designated Maintenance Tribunal in your district.
• 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 (The Child)

• Be Legally Informed: You are under no legal obligation to repay your parents for the expenses they incurred while raising you.
• Take Action Against Harassment: If the demands turn into harassment or threats, you have the right to file a police complaint against your parents for criminal intimidation or extortion under the relevant sections of the Bharatiya Nyaya Sanhita (BNS).
• Gather Evidence: Collect and preserve all evidence of the demands and threats, such as messages, call logs, and recordings.
• 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

The police generally view such matters as civil or domestic disputes. They are unlikely to register an FIR based solely on a complaint that a child is refusing to repay upbringing costs. They may, at most, attempt to counsel both parties to resolve the matter amicably. However, if your complaint includes credible evidence of criminal intimidation, extortion, or threats of violence, the police are obligated to register an FIR under the appropriate sections of the BNS and conduct an investigation.

FAQs people normally have

• Can my parents file a civil suit to recover the money?
• While anyone can file a suit, a suit for the recovery of upbringing costs would almost certainly fail in court. For a suit to succeed, there must be a basis for the claim, such as a loan agreement or contract. In the absence of a formal contract, the money spent is legally considered a gift or the fulfillment of a parental duty.
• What if I had signed a document agreeing to pay them back?
• If you have signed a formal, legally valid loan agreement, it could potentially be enforceable. However, the context would be critical. A court would examine whether the agreement was signed under duress, coercion, or emotional pressure, which could render it invalid.
• Are children legally required to support their parents?
• Yes, under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, adult children have a legal obligation to provide for their parents if the parents are unable to maintain themselves. This is for their present and future needs, not for repaying past expenses.

What evidence is required?

• For the Child: To file a complaint for harassment or intimidation, you will need evidence such as text messages, emails, call recordings, or witness testimony that substantiates the threats and demands.
• For the Parents: To claim maintenance (not repayment), they must provide proof of their age, their inability to support themselves (e.g., bank statements, lack of income, medical expenses), and proof of their relationship to the child. For a repayment claim, they would need a non-existent thing: a valid, written loan contract.

How long will the investigation take?

If a police complaint for criminal intimidation is filed, the initial investigation as per the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, can take a few weeks to months. The subsequent court process can be lengthy. However, proceedings under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, are designed to be swift. The Act mandates that the Maintenance Tribunal should ideally dispose of a maintenance application within 90 days from the date of serving notice to the children.

Advocate Sudhir Rao, Supreme Court of India