My father left us.never he came back
subhash
(Querist) 05 March 2012
This query is : Resolved
My father is an N.R.I.He left us 8 years back and we kept waiting for him.,while my mother was taking care of us.We tried to contact him in many ways where we didn't find him anywhere,He didn't even spoke to us.My mother filed 498a on him knowing he came to India.,He didn't attend any of the court proceedings escaping every time with some reasons.,He doesn't send any money also for as maintenance Now my mother was diseased with breast cancer and it is incurable..we are going to be ORPHANS,
Now i'm pursuing my B.Tech and i need his help to complete it.I just want him to take care of my studies whereas i'll take care of my brother and sister with my earnings..
Now i need help how to proceed for asking him to take care of my studies legally?
Adv.R.P.Chugh
(Expert) 05 March 2012
Your mother, minor siblings are entitled to maintenance from him.
prabhakar singh
(Expert) 05 March 2012
Adv. Bharat Chugh is right.
Only your mother and minor children are entitled to maintenance.However you can claim also past expenses incurred with in three years by a civil suit showing the same to be debt advanced by some relative.
Raj Kumar Makkad
(Expert) 05 March 2012
I do not agree with both the experts.
Even a student major son/daughter non-earning is also entitled to claim for the maintenance from his father as held by Hon'ble Supreme court of India in various pronouncements.
The major question in the present matter is that how the author shall summon his father as his whereabouts are not known and he is out of clutches of India law which is reflected from the fact that he has not been arrested in 498A case as on day.
You should move an application before the Secretary Legal Services Authority Act of your District (Generally CJM is given such charge) and pray to provide you free legal aid and thereafter file a maintenance petition on behalf of all members of your family against your father.
Subhash! I have full sympathy towards you. I personally can offer you some help for the continuation of your studies.
prabhakar singh
(Expert) 05 March 2012
Idonot mind about difference if citations are brought to light.
Shonee Kapoor
(Expert) 06 March 2012
There is just one citation in which the major son who was studying was awarded maintenance. I think (if my memory is not failing me) it was a compromise kind of judgement.
Though non-earning unmarried daughter even though major can claim maintenance.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
subhash
(Querist) 08 March 2012
So sir,i am from Andhra pradesh-east godavari district.. Can you please help whom i can approach myself and ask for justice??
Please help me what all i need for that and the proceedings further as i know nothing about these..
Kindly help Me and my siblings to live our life..sir
