Claiming Maintenance from Children: The Malaysian Legal Perspective

Objective – This paper aims to examine the rights and legal position on maintenance of parents in Malaysia, and further to determine whether there is a need to enact laws to enforce children to care and provide maintenance for their aging and/ or disabled parents. Methodology/Technique – Research methodologies applied are legal analysis of the primary and secondary materials and comparative study. Analysis of the data will be done via examining the existing materials, including statutory provisions, case law and other legal and non-legal literatures relating to the law of maintenance. In discussing on the need to legislate such law, this study will look at Singapore and India which have enacted legislation governing maintenance of parents. Findings – The analysis reveals that there is no substantive law in Malaysia which imposes upon the children the responsibility to maintain the aged and incapacitated parents. Therefore, serious consideration should be given to obligate the children to maintain and provide financial support to their aged and elderly parents. Novelty – This paper highlights the need for legislative reform in enforcing children to care and provide maintenance for their aged and/or disabled parents; whilst prior studies mainly emphasis the matter from social perspective. Type of Paper: Conceptual