bharat (sales associate) 06 August 2014

Case from father to son and wife.

HI

i am a son living with my mother at our residence.
My father(65 yrs) has filed a Writ in high court against myself(37 yrs) and mother(62 yrs) to vocate house and pay maintenance of 10K.
I am earning around 25K per month with a family of wife and 2 children and my mother is a housewife with no income.
At present my father has a source of income of around 30K from his business and is staying in our second house.
we are family of 4 people staying in current house which our father wants to get vocated and move us to small house where he is living at present.
I have also spend a lot of money in construction of our house but my father owns the land so he claiming the rights.

Please advise if
1. i can claim maintenance for my mother.
2. Continue to stay in home where we are at present.
3. My mother jewellery which was with my father.
4. Any other clause that could help us

How much should be lawyers fees for contesting the case at delhi high court.?
early response will be appreciated.

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3 Replies

Laxmi Kant Joshi (Advocate ) 06 August 2014

Is your mother a divorcee ? Why she is not living with your father ? Why your father went to the court to vacate your present house whynot he come state forward to you , give the reply, anyhow - 1. Yes your mother can claim maintenance u/s 125 crpc from her husband. 2. No need to vacate the house , contest the case and show your requirement of this house as you are living in it from long time and your are four persons while your father is alone to reside , you had also spent a lots of money on its construction , if you have the evidences exhibit it . 3. Yes she can claim all her jewellery and all her valuable things from the possession of her husband , which is her stridhan , for that she have to file case u/s 406 ipc .4. give detail of above questions on the basis of that i can give you further advise , regarding fees of a lawyer it varies from lawyer to lawyer .

bharat (sales associate) 06 August 2014

I appreaciate your time spend and knowledge in posting reply.

My mother is not divorce but my father does not wishes to stay with us.

My father asked us to vocate the house and move to small house to which we did not agreed.

So he moved to court.

Further questions.

1. Wouldnt i be asked to pay maintenance for my father?

2. Is their a possibility that i have to pay maintenance to my father ( he is senior citizen now) if i fail to prove his income.?

3. My father has purchased the land but i spend almost 50% of the land cost in construction.

Does that give me right to stay in this house or claim for 50% of the current house worth.

Again, a generic indication of lawyer fees for high court would be really helpfull. and what agreement should we have with lawyers as i have seen several forums where lawyers are asking unreasonable amount after the case has started against one or the other expenses.