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Cupid Cupid (CRM)     06 April 2018

Cruel father and sister

In Brief: My older sister and father harassing me for maintenance. Detials in my previous post "https://www.lawyersclubindia.com/forum/Cruel-father-and-husband-now-demanding-maintenance-from-son-160482.asp"

Case is till on. On last date, my lawyer cross examined my father. Father lied about giving me money by cash etc. Now, my father has to produce his bank statement and IT returns etc to prove his earnings.

Question: While this case is still on, Could I refer to Supreme court order (Dr. (Mrs.) Vijaya Manohar Arbat vs Kashi Rao Rajaram Sawai And Anr on 18 February, 1987) and Mumbai High Court Order (BHC Nagpur Bench in the case of Vasant v/s Govindrao Upasrao Naik) and file a separate petition against / on my older sister and request the court to make her as well a party in this maintenance case? As I understand from SC and BHC order, even daughters are liable to maintaine parents.

If it is possible, please proivde guidance.

Also, my case is on in court at my native but I work 600 Kms from my native. So, to get guidance and directions, I have to call my lawyer. But my lawyer, when I call, their responsne is very rigid - I feel I get shouted at for calling them for information. I am not sure why. I think I deserve at least 10 miunutes once in two / three weeks over phone with my lawyer since I stay remote. Not sure if I should change my lawyer.

Also, I have already given reference of SC and BHC order to my lawyer. However, I see no intention from my lawyer to make use of it now. As per lawyer, he would like to first see what happenes on my case. IF court order maintenacne, only after that take up next task of making sister a party / go to HC. Why can we not file another petition now with by referring SC and BHC order?

Finally, can I, myself, file an application in court under section 91 requesting my father to product his bank statements, IT returns etc.? Please provide guidance.



Learning

 8 Replies


(Guest)

If father does not have money. Give it. It is rather emotional relatioship than anything else. What goes around comes around. dont forget this.

1 Like

Siddharth Jain   06 April 2018

The Bombay High Court has clearly held that a married daughter is dutybound by law to maintain her parents in a case where parents filed an application seeking maintenance from their son under Section 125(1)(d) of the Code of Criminal Procedure and the daughter has sufficient means to maintain her parents.
Judgments are case-specific and there could definitely be merit in finding that the said judgments can be applied in your case. You'll have to file a petition in Family court for impleadment of your sister, but there is no provision for joinder or non-joinder of necessary party; or for that matter misjoinder of parties in Cr. P. C as provided under Order 1 C.P.C, so there are very slight chances that your impleadment application would be allowed but it's worth giving a try.
Section 91 Cr. P. C application, you can definitely file for production of your father's bank account statements etc.
For any other query, feel free to contact me at isidjain1@gmail.com

Cupid Cupid (CRM)     06 April 2018

"What goes around comes around", I completely agree. However, please do not conclude anything on emotional terms - and before you do, at leaset take 10 minutes to read the entire case / scenario at "https://www.lawyersclubindia.com/forum/Cruel-father-and-husband-now-demanding-maintenance-from-son-160482.asp".

Despite of my mother's condition and my financtial state at that time, I still agreed to pay what I could. But, you do not know, you have not taken time to actually read the entire case (at above link) and arrived at such guidance - whcih is okay.

But, with all sincerarity, i am looking for a legal solution where the man who has failed to be a fahter and a husband and continuing to cause nothing but trauma to me and to my mother who died in December 2017.

Also, as I stated, he has money - which he is not disclosing to court. What is the legal way to bring facts before court? Section 91? If so, how?

God bless you, Sir. I appreciate guidance and feedabck from you!

Cupid Cupid (CRM)     06 April 2018

Thank you very much for guidance, Sir.

So, in my case, if the court grants him maintainance just because he is pretending he cannot maintain himself, can I then, go to the same court / highter court and file a petition to involve every other son  / daughter he has? Like the case of BHC?


(Guest)
Originally posted by : Cupid Cupid
Thank you very much for guidance, Sir.

So, in my case, if the court grants him maintainance just because he is pretending he cannot maintain himself, can I then, go to the same court / highter court and file a petition to involve every other son  / daughter he has? Like the case of BHC?

The link you proivded is not working. There is no escaping if court orders to pay maintenance to old age father.

Even if he has resources nothing wrong that he ask money from you. Court will take view from old age point.  Evn if you prove that he has lots of assets, it will take lot of time to prove all that. Finally the matter is not about whether father has asets or not. It is about whther you are willing to maintain old age father or not.

Anyway you have lawyer at your disposal. You make full use of him rather than seeking help here.

sachin sharma (Advocate)     20 June 2018

First, daughter will only be liable to maintain her father/mother, if she has an independant income from his husbnad. Second, u need to change your advocate, if he is not sharing the details of the proceeding with u. As u r saying that your advocate is saying that he will implead sister/others as a party once this case is decided, it shows that he wants to earn money only by filing multiple cases one after another. Change him and hire another advocate on per appearance basis fee. 

You can definitely use section 91. If u are able to prove that your father is able to maintain himself, no maintenance will be awarded as first condition in Crpc 125 is "unable to maintain".

If court does not allow u to for impleading others as a party as it is a criminal proceedings, u can try to plead taht as per family court act the proceedigns will be of civil nature and your application can be accepted in the interest of justice.

Cupid Cupid (CRM)     02 September 2018

Dear Sir,

Thank you very much for guidance. My lawyer is not willing to file application under sec 91 to my father's bank. I know one of this banks account details. Instead, lawyer is asking me to procure his statement - who can I?

Cupid Cupid (CRM)     02 September 2018

Dear Team,

My sister is a government employee (permanet appointment); she has a her own house, her busband earns more than a lack from his garment business, he has his own store in central market, he has two houses that are let out on rent. So, with this, I am sure my sister qualifies to be termed as "with sufficient" means.

Also, my lawyer is still not willing to consider to file an impleadment notice. Further, my father has also lied in court that his vision is blur and that he cannot maintain daily activities on his own. However, to attend to court sessions he take his two wheerls and rides without any difficulty. During his cross examins though, he stated he stopped using his bike long ago.

Yesterday, I went to traffic police to capture CCTV footage of a particuler location and time, and police said it can be done if court orders to produce the same. I discussed this with my lawyer too but no positive response from him on that as well.

In my opinion, a lawyer must, in all honesty, provide complete solution and / or possible ways to povide proof to court - but I am not getting such a help from my lawyer, not just yet.

Can I fight this case on my own? Please share details and guide me, please.

Please guide.


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