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Cupid Cupid (CRM)     25 April 2016

Maintenance case by father

DO NOT JUDGE MY BY BELOW QUERIES. I AM OF COURSE TAKING CARE OF MY MOTHER. HOWEVER, MY MOTHER HAS APPROACHED THE COURT FOR JUSTICE AND NOW MY FATHER IS HARASSING ME. I HAVE LEFT HOME LONG AGO AND NOT IN CONTACT WITH MY FATHER. HE IS RELATED TO ME ONLY BILOGICALLY; IT IS MY MOTHER WHO HAS LOOKED AFTER ME ALONG WITH HER RELATIVES AND NOT MY FATHER.

Dear Experts,

Requesting guidance on below scenario, please.

I am born in Hubli (in Karnataka state). However, I have been working in an MNC in Bangalore for over 9 Years now. I am from a family of 4: Father, Mother, Older Sister and Me. Older siste is a govt servant, father has a private business and mother is not employed. Due to domestic issues, I have left home for over 9+ years now. Now, it has come to my notice that my mother file a maintenance case on my fahter. And my father in trun has filed a case on me for maintenace to harass me.

Scenario: I dont think my father knows my residence address since I am no longer in contact with him for many years now. He might have sent a notice to my office address. Also to note, my older siste is govt employee.

Fact and Question 1: My father and mother has a self made / acquired property. Since my father has declared he has no earning, my mother has filed a partition case as well for which my father is avoiding to take the notice from court. My understanding, they can sell the property (min value 20 Lacs), deposit the cash in bank and take a house on rent and live off form the interest money. Is that possible? If Yes, father cannot claim maintenance from me - right? Please educate me on this.

Fact and Question 2: My older siste is a govt employee and working in a govt hospital. With this being the case, am I the only one my father can claim maintenace from? Is daughter not required to take care of parents? If she too is liable to pay maintenance, please educate me on next proceedings (assuming I have received the notice from my father).

Fact and Question 3: If notice is sent to my office address, it would be inwarded by the mail room. Does that hold valid as my acceptance of the notice? It would not be delivered to me by the post man, be it a normal post and / or speed post. If taken delivery by the mailroom team, what is my responsibility then?

Fact and Question 4: Since I have neven lived in Hubli for over 9 years now, what are my chances to taking the case and appearing in a court in Bangalore itself? Any possibilies of transferring the case? My father my be residing in Hubli, but I don't. What are my options here?

Fact and Question 5: Since my father is claiming maintenane from me, then, can I also claim share in property? What are the proceedings? Note, it is a self made / acquire property both my parents.



Learning

 10 Replies

Dr Martin Campbell (Doctor)     25 April 2016

You are completely acting like a bum here, take tonight bus to hubli, reach morning, consult local lawyer there, if you leave case unattended, court can attach your salary, court can auction any property in your name.

 

I suggest before going to lawyer, go to houes first and talk to your father.  Settle things amicably, if all things wre to be settled only in court, then all of us should have been residing in court halls.

 

You been advised properly here.

 

 

 

 

 

 

https://www.lawyersclubindia.com/forum/details.asp?quote=552144&mod_id=125302&offset=1#reply

Cupid Cupid (CRM)     25 April 2016

@Martin Campbell: I thank you very much for your guidance and not sure why would anyone judge me. Anyhow, given above scenarios, I am trying to know, legally, what are my options. I have left home for a reason. A man who states, I married the lady thinking kids will look after and not my own responsibility, such a man, in my view, is not a human and has lost his moral! If I were out of my income, I would not leave my wife to the mercy of old age / to my kids - she (my wife) is my responsibility and my partner.

I need am requesting for guidance on:

1: Is the married daugher, who is also a govt servant, also liable to pay maintenacen?

2: Since I live in Bangalore - by law, is it not required for my father to file a case in Bangalore rather than Hubli?

3: Since he and my mother, owns a property, is it not logical to sell that house and of course they keep the money themselves, and I could have them live with me for shelfter and nursing needs - but for money, they could use the property? What is the actual maintenance law about?

4: If at all, any child is paying maintence, can they also claim share in Property? Sell the house, share the funds, keep FD and let the money go to parents direct as long as they live?

5: If the notices reaches office mailroom and not to me directly, what does that mean legally?

Pretty straighforward queries. But once again, I thank you for your advice.

Dr Martin Campbell (Doctor)     25 April 2016

Originally posted by : Cupid Cupid
@Mating Campbell: I thank you very much for your guidance and not sure why would anyone judge me. Anyhow, given above scenarios, I am trying to know, legally, what are my options. I have left home for a reason. A man who states, I married the lady thinking kids will look after and not my own responsibility, such a man, in my view, is not a human and has lost his moral! If I were out of my income, I would not leave my wife to the mercy of old age / to my kids - she (my wife) is my responsibility and my partner.

I need am requesting for guidance on:

1: Is the married daugher, who is also a govt servant, also liable to pay maintenacen?

2: Since I live in Bangalore - by law, is it not required for my father to file a case in Bangalore rather than Hubli?

3: Since he and my mother, owns a property, is it not logical to sell that house and of course they keep the money themselves, and I could have them live with me for shelfter and nursing needs - but for money, they could use the property? What is the actual maintenance law about?

4: If at all, any child is paying maintence, can they also claim share in Property? Sell the house, share the funds, keep FD and let the money go to parents direct as long as they live?

5: If the notices reaches office mailroom and not to me directly, what does that mean legally?

Pretty straighforward queries. But once again, I thank you for your advice.

U make joke of my name? Nobody will give advice to you on this forum.  Correct my name and apologise.

Cupid Cupid (CRM)     25 April 2016

I apologise - clearly, it was a typo and not intentional.

Kumar Doab (FIN)     25 April 2016

Parent can claim maiantanance from all children.

However you can present all facts to court and court shall decide after examining all merits.

1 Like

Dr Martin Campbell (Doctor)     25 April 2016

Originally posted by : Cupid Cupid
@Martin Campbell: I thank you very much for your guidance and not sure why would anyone judge me.


I need am requesting for guidance on:

1: Is the married daugher, who is also a govt servant, also liable to pay maintenacen?
Yes under 125(1) d

 

The Bombay High Court has said that a married daughter is obligated to maintain her parents in a case where parents filed an application seeking maintenance from their eldest son under Section 125(1)(d) of the Code of Criminal Procedure, which gives courts the right to compel someone to maintain their parents provided that they have sufficient means to do so.

In the current case, Vasant vs. Govindrao Upasrao Naik, Criminal Revision Application No. 172/2014, the High Court rejected the contention that a married daughter has obligations only towards her husband's family and not to her own parents. “In the instant case, married daughter proved to have been working as a Software Engineer in USA and having sufficient means, is under an obligation to maintain her parents,” it said.

 


2: Since I live in Bangalore - by law, is it not required for my father to file a case in Bangalore rather than Hubli?
No. Case can be filed wherver ur dad stays.  To transfer case to blr, u need to appraoch Supreme Court.


3: Since he and my mother, owns a property, is it not logical to sell that house and of course they keep the money themselves, and I could have them live with me for shelfter and nursing needs - but for money, they could use the property? What is the actual maintenance law about?
Law is, you and your sister can be asked maintnace from ur parents, thats it, rest all of it is circus which court wont agree and are different cases altogether.


4: If at all, any child is paying maintence, can they also claim share in Property? Sell the house, share the funds, keep FD and let the money go to parents direct as long as they live?
Children can claim share in property of parents, if it is self earned, they can do what they want with it, and not give u.
5: If the notices reaches office mailroom and not to me directly, what does that mean legally?

You have taken it and if you fail to appear, it go exparte and warrant issue subsequent jail you go.

Pretty straighforward queries. But once again, I thank you for your advice.

     

 

Cupid Cupid (CRM)     25 April 2016

Thank you. Notice has not yet reached me. It will first go to the mailroom. Also, how is that court is not ordering exparte in my mother's case? She is not even getting interim maintenanec from the past 6 to 8 months. Judge is asking for the "son" to attend so that he can check who is earning how much and give an order accordingly. Also, why will the judge not question on daughter(s)?

Isn't the husband suppose to look after the wife? Just because he is stating he has no earning, can he escape from the responsibility of mainting his Wife? Does that appear morally and legally correct to the Judge and the court?

Also, he is now avoiding taking notice of the partition filed by my mother. Property document has my mothers name as well in it.

What will be the procedue to reach supreme court and the cost for transferring the case? If I have to travel to and fro, definitely, I will not have this job and off goes the question of Maintenance.

Also, can the court / judge avoid to consider the existing property avaialble to maintain self and wife? Is there any way to escalate?

Kumar Doab (FIN)     25 April 2016

Better engage a very able counsel.

Present facts to the court.

Dr Martin Campbell (Doctor)     25 April 2016

Originally posted by : Cupid Cupid

Thank you. Notice has not yet reached me. It will first go to the mailroom. Also, how is that court is not ordering exparte in my mother's case? She is not even getting interim maintenanec from the past 6 to 8 months. Judge is asking for the "son" to attend so that he can check who is earning how much and give an order accordingly. Also, why will the judge not question on daughter(s)?
If it reached mail room, it reached u. thats all.

u have to go tell to judge there are sisters also who can be asked, but they should be made party to the case.


Isn't the husband suppose to look after the wife? Just because he is stating he has no earning, can he escape from the responsibility of mainting his Wife? Does that appear morally and legally correct to the Judge and the court?

Also, he is now avoiding taking notice of the partition filed by my mother. Property document has my mothers name as well in it.

What will be the procedue to reach supreme court and the cost for transferring the case? If I have to travel to and fro, definitely, I will not have this job and off goes the question of Maintenance.

Also, can the court / judge avoid to consider the existing property avaialble to maintain self and wife? Is there any way to escalate?

Rest contact ur lawyer man, u talking as if u paid me fees.

Cupid Cupid (CRM)     25 April 2016

My bad - I did not know I had to pay "fees" to get "free" guidance. Please ignore my queries ahead. But thanks again. Have a nice day!


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