Daughter's right to ask for maintainance from father
Puja
(Querist) 16 April 2012
This query is : Resolved
Greetings & respect to all forum members. I'm from mumbai & new here & wish to seek relief from the problem i'm facing in my life due to my parents' divorce. My parents divorced with mutual consent in 2008 after a bitter marriage. My dad gave a lumpsum amount of 8L as maintaince to mum & gave my whole & sole responsibilty to her. This decree was passed & divorce was granted when i was still a minor. Now i'm a major & gave my final year b.com exams this year & want to pursue law. I'm already studying for CA as well but i'm facing severe financial & residential problems which is a big hindrance to my education plans. There's no support from the family of my mother who supported me till now as they do not wish to educate me further. Under such circumstances can i file a case against my father for my education & maintainance costs? If so what details of my father do i need to know & what points will be considered by the court? My father is a high court advocate since ten years & has not re-married. My mother is a housewife. What points can he possibly state to strengthen his case against mine so that he can avoid my responsibility? What precautions or steps do i have to take to get best possible relief at the earliest?? I'm really confused & tensed. Any help with be greatly appreciated so i can start doing the needful right away & not put my educational life in danger.
Shonee Kapoor
(Expert) 16 April 2012
Your right to seek maintenance from your father is still existing. It would be so till you get a job/ get married.
No agreement on your behalf is valid, which curtails your rights.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 16 April 2012
You should file a petition before the Family Court of your area under Hindu Minority and Guardianship Act seeking maintenance, education expenses and should also claim sufficient amount for the arrangement of your marriage as this is your right to be claimed from your father.
You have to mention the income of your father.
Puja
(Querist) 16 April 2012
Thank you so much Mr. Kapoor & Mr. Makkad. I will be filing a petition at the soonest. Approximately how long will it take for the court to take the decision? Can i ask for a speedy decision so that i can start my law & not spoil a year in just fighting the case?
Deepak Nair
(Expert) 16 April 2012
Rightly advised by the experts above.
Before filing any petition, you should speak to your father and ask him personally for educational expenses. If he agrees, then you can save your time, energy and money you are likely to spend in court.
Puja
(Querist) 16 April 2012
Yes, Mr. Nair. I spoke to my father stating all my problems & asked for his help how much ever he is genuinely willing to give but he flatly refused & said he does not wish to speak or discuss anything bout me henceforth. I & my mother even tried to persuade my mother's family as well as my father's family to help me with my future but no one is willing to look into this which has regretfully left me with no option but to seek the help of law. Any other advice, opinion will also be helpful if suggested for me.
M/s. Y-not legal services
(Expert) 16 April 2012
since your father is an advocate, you may try to maintain good relationship with your father..
i think the problem between your father and mother., not between you and your father., and you are also want to become an advocate., while being so you might be attached with your father., no one can support than your father.,
apart from this you are free to approach the court of law for your rights.,
take care.,
-tom-
Deepak Nair
(Expert) 16 April 2012
OK. If an attempt is already made, then you can go ahead and file the petition for maintenance and expenses as stated above. You are very well entitled for that.
Puja
(Querist) 16 April 2012
Thank you Tom. You're absolutely right. But maybe i'm the unluckiest where the father hates me maybe because of my mother since he has never cared for me. I've always stayed with my mom. But still to avoid undesiable confrontations in the court, maybe i'l try one more time to convince him about my education. If he still isnt willing to help i will file the petition jus like Mr. Nair, Mr. Kakkad & Mr. Kapoor suggested. I do not wish to compromise on my educational rights at any cost as otherwise it'l only lead me into a messier situation. Thank you experts for your time & advice. I certainly wish to rejoin here again as an esteemed professional lawyer just like you. Wish me luck! :)
Guest
(Expert) 16 April 2012
Dear Experts,
Since Puja has alraedy attained majority now, you may please like to review and provide your opinions in the light of sec.125 CrPC with particular reference to the facts stated in her two posts.
Puja
(Querist) 16 April 2012
Maybe on attaining majority i cannot file a case for my educational costs from dad? Then can my mother file a case for insufficient maintenance & thus try solving my educational & residential problems? According to the decree we have not even received a house. & this happened while i was a minor & incapable of reviewing the situations which has now led me to extreme problems.
P.s- Thank you so much, tom bro!
M/s. Y-not legal services
(Expert) 16 April 2012
if you attend majority mean you can file a partition suit., [if your father hold any ancestral property mean]
-tom-
Guest
(Expert) 16 April 2012
Dear Puja,
Section 25 (2) of the Hindu Marriage Act can help your mother to file a case for insufficient maintenance on changed circumstances. The sub-section (2) reads, as under:
"(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just."
Puja
(Querist) 16 April 2012
No tom, my father doesnt have any ancestral property, i'l check for joint property though. Thanks for telling me what the section means since i got bit more tensed. :)
Thank you Mr. Dhingra for the precise definition. The circumstances have certainly changed. My dad has acquired a bigger property with many more bedrooms and my mother and i are facing acute residential problems along with financial difficulties due to the rising inflation. Also the divorce was given by my mother under too much pressure when her mental condition was not stable & she was very much tensed that my father & her in-laws will harass her & me more if we didnt give him divorce. Hence she settled for a paltry amount without any house. Now that she is stable maybe she can file a petition stating how divorce was obtained from her under troubled situations & thus get some relief from court for injustice done to us?? Or who is in a better position to get proper judgement? will it be better for just me to fight for maintenance & support my education? Or is my mother in a stronger position to fight for our rights? It'd be better if we go for the case where minimum hassles will be involved. I just want the financial support for my residence & mainly my educational rights.
Guest
(Expert) 16 April 2012
You are welcome Puja. But your mother will have to hire a learned and impartial lawyer of higher status to stand against your lawyer father to fight her case.
Puja
(Querist) 16 April 2012
That's right, Mr. Dhingra. Maybe then its better for me to file the petition first since my case involves lesser complexities.
Thank you for your time & opinion :)
Raj Kumar Makkad
(Expert) 17 April 2012
Even after attaining majority, you can file petition for maintenance, education expenses, marriage eexpenses, residential expenses etc. against your father under the provisions of Hindu Adoption and Minority Act. so try it as already advised.
M/s. Y-not legal services
(Expert) 17 April 2012
you are always welcome puja..
sorry if i confused more., my intention not to tempt you against your father or initiate the litigation against your father.,
you just worried about your minor age.. so i gave that view.. thats it..
take care..
-tom-
Shonee Kapoor
(Expert) 18 April 2012
Puja,
There is no bar for you to get maintenance.
Don't worry about high flying lawyers, the facts of the case speak for themselves.
If he has the means he can not deny maintenance to you.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
