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John Wick   19 September 2018

Abusive father claiming maintenance under section 125 crpc

My father has been verbally, emotionally and physically extremely abusive towards me, my mother and my sister. He left us since 6 years when I did not even have a job and did not pay us a single rupee since then. Somehow I have been managing all 3 of us by doing jobs and borrowing from friends and family. I had a decent job. Although I am 30, I first got my married when she was 23. I am yet unmarried. All 3 of us have not kept any relation from my father. He has now sent me a notice using Section 125 asking for maintenance. He is 58. I do not wish to help him since he did not fulfill his responsibilities of taking care of us. He had, and still has, a good paying job, but always used to throw away the money in buying new cars and clothes only for himself. I had to wear his rejected clothes, even though it did not fit me. I have applied for my Canada PR and most likely will get it. If I leave for Canada on a PR, will I still be liable to pay him? If I do not go to court hearings, will the court pass ex-parte judgement in his favour even if I do not have a job right now and without any income? Will I have any issues with my passport later if I apply for my Canadian citizenship after 4-5 years?



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 2 Replies

Adv Deepak Joshi +917017821512 (Advocate)     19 September 2018

Dear querist,

Logically no maintenance should be grated to such father who has verbally, emotionally and physically extremely abusive towards his wife and children’s and left then when they need the most.

Legally in case your father does not have any source of income court may grant   certain amount as maintenance in order to save him starvation.

 

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

 

 

John Wick   20 September 2018

Thank you Deepak Sir. Can we ask the court to order him to produce his employment history and salary slips to show that he has been earning really well without paying a single paisa to us and yet if he claims that he does not have anything, that means he spent the money in his luxuries? 

What if he is 58 and healthy and has a job that pays well? If I do not pay him, can it reach to a stage where the law releases a 'Lookout Notice' or even cancel my passport so that I cannot travel? Will be considered (legally speaking) a criminal who is absconding law?


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