Maintenance and welfare of parents and senior citizens act

rekha (Querist) 09 May 2015 This query is : Resolved
My father was not employed. My mother was a Govt servant and brought up me and my sister (in Chennai). My father was also living with us. My sister got married and is settled in Delhi. After my marriage, my mom couldnot live with my father and after selling her house, she has settled with me at Mysore. My father is living separately at Chennai and he applied for maintenance under "Maintenance and welfare of parents and senior citizens act". My mom had given him Rs 15.00 lacs after selling her house in 2013. The tribunal has given orders for paying Rs 2000 each by me and my sister per month (total 4000) as he has received 15.00 lacs. We are paying him for more than one year now. However my father has again applied in high court and sent a notice to Tribunal, me and my sister for appearing in High court claiming maintenance of 10,000 per month. Can someone advise how to proceed as he wants to give us repeated tortures.

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T. Kalaiselvan, Advocate Online

(Expert) 09 May 2015
If he has applied for revision or enhancement of the earlier order, based on your present situation, you can deny the allegations and repudiate the claim. It appears that you have not challenged the original case properly that is why he is coming out with the present enhancement petition taking advantage of the earlier decree in his favor.
If you find your lawyer not capable of handling the issue, better change your lawyer and fight it tooth and nail.

Kumar Doab (Expert) 09 May 2015
You have posted that:

“The tribunal has given orders for paying Rs 2000 each by me and my sister per month (total 4000) as he has received 15.00 lacs.”

Was it duly pointed and noted in the tribunal that he received 15.00 lacs!!!!

rekha (Querist) 09 May 2015
Yes, it was submitted to tribunal with proof. that is why maintenance was settled at 4000 P.M. But now after 1.5 years, he has stated that 15 lacs has been spent by him due to medical expenses etc, and hence he needs more maintenance of 10000 p.m. He has mentioned that District collector of the tribunal has ordered for less maintenance, which is not sufficient for him. We have received notice from high court in this regard.