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JollyGud (Employee)     03 October 2014

Maintenance/justice for innocent house wife

Dear Law Experts

My father is a AP state govt employee and draws monthly salary of Rs. 50,000 per month currently. He is close to retirement and just has only 2yrs of service left. Once he retires, he is expecting a lum sum provident fund amount of Rs 15 lakhs and a pension of atleast close to Rs. 20,000 per month.

Over the past 10 years he has indulged in several bad habits (excessive alcohol drinking, smoking, gambling(pekata) ) and borrowing money from several places. The debts he made ,landed up in a state, where he was about to sell his own house that he is currently living in and put wife (un employed - house wife) and handicapped elder son on to the street. I being the younger son, pitched in ,started clearing his 60+ lakhs debts by pledging house taking housing loan, and saving the house, thereby keeping the innocent mother and elder brother in the house.

Even if the current debts are cleared , there is no garuntee that he will resist from borrowing more debts as he is completely aware that is he going to get those 15 lakhs and pension funds. So am sure , he will continue indulging in more habits without any repentance or caring for innocent mother, elder brother. Divorce is not an option here, as we still believe in him. Just the bad habits /extravagant spending/borrowing debts part is the only drawback with him.

My Questions:

1)      1) What action can be taken from a legal perspective to get atleast 50% stake in his salary every month deposited directly to my mother’s account?

2)      2)Is there anything that we can do to protect and prevent those 15 lakh rupees landing in his hands and ending up going into drainage? If we can get hold of 15 lakh rupees then I can save it for the mother, brother & father’s medical expenses as they grow older.

3)      3)On similar lines, what legal provisions are there to get the monthly pension amount land directly in mother’s account instead of the entire amount going into his hands and he spending it extravagantly.

Please advise your thoughts.

Thanks,

 

KPK



Learning

 4 Replies


(Guest)

1) What action can be taken from a legal perspective to get atleast 50% stake in his salary every month deposited directly to my mother’s account?

 

Answer:-  If you have not attained majority and still a minor, he ie your father is liable to look after you and provide maintenance to you unless until your parents are not divorced and have not agreed on lumpsum settlement, you can file 125 CRPC and claim maintenance.  But it appears that you are not minor, so you cannot get maintenance from your father, however in absence of lumpsum settlement if divorced or not yet divorced, your mother can claim maintenance under section 125 crpc for herself, but not 50%, but in proportion to income and expenditure of respective heads.

 

Filing such cases may also backfire, he is a drunk and gambler a la Bond, file cases on him and he will drink more, gamble some more.  Its very difficult to mellow such seasoned artist.

 

2)      2)Is there anything that we can do to protect and prevent those 15 lakh rupees landing in his hands and ending up going into drainage? If we can get hold of 15 lakh rupees then I can save it for the mother, brother & father’s medical expenses as they grow older.

Answer:-  Prevent him from drawing that amount from bank, prevent him from going to the bank, hide ATM card, hide cheque books.  Let him create a scene, but when he wants to withdraw some money, make sure one of you accompany him to bank and get the money in your hands.

 

3)      3)On similar lines, what legal provisions are there to get the monthly pension amount land directly in mother’s account instead of the entire amount going into his hands and he spending it extravagantly.

Answer:-  Its his legal right to get his pension. 

 

Please advise your thoughts.

 

You need to make him understand that his Bond days are over, Sean Connery retired and is now leading a sober life.  Quitting drinking is not a tough job.  But quitting gambling is really a tough job.  Anyway its all up there, how he takes it.  Laaton ke bhoot baaton se nahi maante.  Some people learn only the hard way, and your father is just like that.  A line had to be drawn long time back, and not now.  If he understands the gravity of the situation, he will change himself automatically, but if he don’t, nobody can do anything, not you; not the Law.  If your pocket permits you, its better to take over the responsibility of your family than to expect your father to change for the good. Its lot more easier and less complicated that way.  Hope that your father learns fast, before he ends up in a lot of problems and take the entire family down the drain.

1 Like

JollyGud (Employee)     03 October 2014

Thanks a lot for your time and valuable advice Mr. Helping Hand.Appreciate your help.

T. Kalaiselvan, Advocate (Advocate)     07 October 2014

You have repeated the query, please don't do that, you may visit the previous thread for more replies.
1 Like

Adv k . mahesh (advocate)     07 October 2014

once the amount is credited in the fathers bank account you can make a fixed deposit on your mother name but here your father approval is needed but you cannot take the amount from the office directly on your mother name

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