Dear sir/madam,
My father has filed petition against me and my elder brother seeking maintainance of 10000 per month from each of the respondent. My father is retired govt. servant and getting handsome pension of 12800 per month. He is a person with bad habits like consuming alcohol and gambling. He has neglected his own legally wedded wife from last ten years. He has continuously tortured his wife and children in the past. He not even supported for marriage of his two elder daughters. Me and my brother have completed our education with lot of struggle and got the job. The petitioner (Father) has purchased a home after retirement by bank loan. My elder brother look after the whole family expenses as my father's pension was going to bank loan. My father did not paid the loan installments properly, instead spending the money for his own needs. After getting notice from bank, my brother started to pay the home loan and my father did gift deed (legaly) of home to my brother name at his own wish, as he dont wanted to pay the loan. My brother and me both cleared all home loan and now my father is getting full pension in hand. As he is spendthrift, we told him to keep all pension amount with him for his needs and we will lookafter our mother. We also assured him that we will take care of you and provide everything if you leave your all bad habits and stay peacefully with us. But afterall this, he mingled with his selfish brothers and started to torture us to return back the home on his name. His brothers planned to grab the home. We did not respond to them. Then my father started to stay with them and filed case saying that we have forged the gift deed without his knowledge and he is unaware of gift deed. He filed FIR against my mother, elder brother and my elder sister. Also filed petition seeking the maintainance from both sons 10000 rs each. Police did not filed chargesheet and given it as B report , false complaint for the allegation stating forged giftdeed. He failed to provide any evidence/proofs that the gift deed was illegal. For maintainance, court has asked him to provide evidence for claiming maintainance. He dont have any evidence, now they are sending letters to our company seeking salary certificate and torturing our family members. This is the background of case.
Now please help me to clear my following doubts:
1. As he is getting good amount of pension (12800) from govt and neglecting his wife, is he eligible to get maintainance?
2. He is torturing me and my brother by sending letters to my offices seeking salary certificate. Letter is sent by his advocate. Any advocate can send letter to any organisation asking salary certificate? If we have to stop, what action do we need to take?
3. We have already mentioned in our objection letter that we are ready to take care of him, he can come and stay with us. But he is interested only in money.
Pls suggest/share your opinions/advice regarding the above matter.
