Parental maintenance

PPBiswas (Querist) 21 December 2009 This query is : Resolved
1.Whether a lawyer can be appointed to represent an expatriate son in a maintenance suit filed by his mother or not?
2.How can a son settled in USA reply to summons from maintenance tribunal if he is unable to come to India.Can he give a written reply by post or email to maintenance tribunal and would such a reply be acceptable to M.T.?Can he send any blood relative to M.T.to represent him?
3.How can an expatriate son seek more time from M.T.without coming to India and how much time may he get to appear before M.T.?
4.If this suit is deemed as frivolous,can the son demand adequate compensation and expenses from the petitioner?

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Devajyoti Barman (Expert) 22 December 2009
1. The maintenance case u/s125 of Crpc being basically a quasi criminal proceeding the 'expatriate' son can safely be represented through his lawyer.
2.At the time of giving written reply/objection the opposite party need not be present before the court.If the court insists then his lawyer can file absent petition on his behalf.
3. The 'expatriate' son may not drag the matter for long if petition for interim maintenance is filed.The son is not required to come India till his evidence starts. His written reply supported by affidavit and notarized in USA can very well be filed in Indian court in his absence.
4. If the case is frivolous then at the most it will be dismissed but no order of compensation would be ordered. In sec.125 Crpc the son is duty bound to provide maintenance to his unable parent.