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fighting back (exec)     03 September 2013

If 2 brothers are employed, 1 is facing maintainence and dv

dear sir/madam.

if 2 brothers are working, and one is facing a maintainence and DV from wife, then in this scenario, and if that person claims that he is taking care of mother and father, then in this scenario will the court consider the income of the second son also while deciding maintainence?

i am asking this question because. the opposite party might argue that how can only one son take care of both mother and father, the other son is also employed and earning, so he might also be supporting the parents.  and so, can this affect the maintainence amount of the first son?

the second son is completely neglecting both mother and father, so the first son is taking care of both of them, so will the court believe this? will the court take sou moto cognizance?

because this is the reality, the other son is not contributing toward the household expenses, he is earning and living for himself, so the eldest son is paying for both mother and father..............pls advice



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 2 Replies

Tajobsindia (Senior Partner )     03 September 2013

1.   Such inference if plead by her side then it is well taken note of against the brother who is falsely pleading such and such, for a simple fact, ‘dependence’ are taken care by both siblings in generic social reality sense and one child cannot say I am the wholesale caretaker of my dependent (aged parents) and other one is rascal to avoid maintenance when wife asks though the other child also shown to earn. I see a social fault here in one brother who is claiming such statement as a duty is casted upon him too to tune his brother to pay up towards welfare of their aged parents and if he is not dispensing such social duties, then the one who is claiming so is brewing parasitism within family.
Reasoning:
In several S. 125 CrPC / MWPSC Act, 2007 cases filed by aged parents against say their two earning children for seeking maintenance they were advised not to cherry pick seeking maintenance only from one who in their eyes is earning more than the other ! In few similar cases Court / Tribunals observed that one child out of say two or more cannot shrug his responsibility towards maintaining aged parents stating on record that they can ask from other child(ren) who is earning more than him yet not contributing anything towards maintenance / welfare of dependent parents!
Such landmark judicial wisdom squarely applies to this brief in other way round too.

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fighting back (exec)     03 September 2013

thank you sir for your kind reply


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