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Kumar Mysore (no)     24 April 2021

Daughter is not consider for mother maintainance

Hi Dir/Madam,

My parents are divorced 22 years ago, when I am 12 years old boy. my sister is elder child of our parents & she was married before my parents divorced. my parents have totally 4 children's, in that first child daughter, 3 sons. my father is expired 8 years back. we three brothers grew under my father care & our mother didnot care from 22 years. recently my mother filled a case for the maintainance & family court ordered to pay 2000₹ maintainance.
my mother staying in our house only belongs to our father, my first brother staying in other house in the same village, remaining two brothers staying in different city & all three don't have good relationship after my father death.

my mother given half of the house for rent & getting 3000₹ per month from 22 years. and getting widow pension, senior citizen pension, & have bpl card free treatment & ration under this. and also my mother forced her daughter to file a partition suit against us & her daughter got one share too as per the court order. now we there brothers got only 0.75 acres & cannot do agriculture.

we have highlighted all this & submitted all documents too but that lady judge didn't consider our documents & didn't consider daughter too & ordered to pay 2000₹ per month & 3 years arrears amount. before my father death he was paying 600₹ per month as per the high Court order.

Court cannot consider daughter to pay maintainance? me & my second brother haven't received notice too. even daughter is the elder child & she settled well ,& already her two sons working in Bangalore. my first brother doing agriculture & have 2 minor children. my 2nd brother not married & me just two year back married & me & my second brother don't have own house to stay. we are not settled well & struggling to arrange daily needs.

please someone guide me. Thank you


 14 Replies

Sankaranarayanan (Advocate)     24 April 2021

Nothing wrong ,your sister also a legalheirs of your father .Therefore she also entitled for benefit. Mother is mother always. So care her and pay the maintenance 

Kumar Mysore (no)     24 April 2021

Sir, daughter is entitled to get partition, she is not entitled to pay maintainance?
she is just 42 years old & settled well, her sons already working. me I am already 36 years old not settled. just 2 years back married, no own house, have debts & all. court cannot consider boys life?
how to provide basic needs for my wife, after babies how to survive? these matters court cannot consider in favor of boys life.

Sankaranarayanan (Advocate)     24 April 2021

Is the court ordered only against you in the maintenance case?

Kumar Mysore (no)     24 April 2021

ordered against me & my two brothers, court is not included her well settled daughter. my first brother is a farmer, have only 0.75 acres. 2nd brother auto driver & me working in a small company. we are not settled well. we spent lot if money for the court cases from 25years. we have many debts individually & staying in different places & relationship is not good too between us.

Sankaranarayanan (Advocate)     24 April 2021

Share the liabilities with your brothers and maintain your respectable mother. 

Pradipta Nath (Advocate)     24 April 2021

Haven't you not applied for including your elder sister a co defendant in the maintenance suit?

Kumar Mysore (no)     24 April 2021

Haven't applied Sir to include our sister as a co defendent. can we apply in the appeal?

Pradipta Nath (Advocate)     24 April 2021

Under which Act maintenance petition was filed?

Kumar Mysore (no)     25 April 2021

under crpc 125 act sir

Pradipta Nath (Advocate)     25 April 2021

Need to go through the order sheet, then only can tell you whether to go for revision or nor!

k.n.VIJAYAKUMAR   25 April 2021


when the court gave 1 portion of property it self u could have defended. Now u can file a revision petition - citing all these, request the court to give a direction , to share the responsibility equally. Neverthless u all have a duty to protect our mother in her old age.u inform the court u are ready to pay your portion of the award- which will be 2000 / 4 .- this too based on your income.

Kumar Mysore (no)     25 April 2021

Sir, our mother staying in our house only which belongs to my father. 25 years ago we came out from that house with our father. & she given half of the house to the rent & getting 3000₹ rent every month & getting widow pension, senior citizen pension & have BPL card, free ration & treatment from this. still how court order to us to pay her? really very sad about our law & even me & my 2nd brother haven't received any notice. only my first brother received notice & was attending to the court.
As my point of view that lady judge didn't consider my brother points. judge just ordered as she want. because both are Ladies. really disappointed nobody didn't think our struggle from 25 years & didn't consider our future.
why I am telling this because when our mother filed maintainance case against our father in 2002, that time also lady judge didn't consider rent & all ,& ordered to pay maintainance. and when our sister filed partition suit against us, that time also lady judge didn't share our father Dept's to daughter.
really justice is there for boys in Indian law system? really feeling sad & ashamed to live in this society.

k.n.VIJAYAKUMAR   27 April 2021

Sir, U should have contested when your elder sister was given a share it self.

Now u can file a revision , stating the facts. Also try to emphasize your earnings . After all whatever you earn only can be shared. so make this a s a point.. U have stated she gets half of rent . this is awarded from court . ? if not cut this & pay it. . you can argue personally in the court your self , it do not cost money .  Present ll the facts in writing , cogently.

But finally remember you also have a duty to protect your mother, at the same time your family also.

GOD bless u

Kumar Mysore (no)     27 April 2021

Thanks for your suggestions Sir, she is getting full rent from our house (she has given half of the house to rent & remaining half of the house she is staying) from 25 years.
Court ordered to pay 2000₹ from each son & not included our elder sister. my brother is doing labor work & he has to provide basic needs to his wife & children's, 2 nd brother is a auto driver & me recently married don't have own house, staying at wife house. how to maintain my family & how court is ordered like this without consider our future & income sources, it is completely favour to a lady from a lady judge. really feeling sad.

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