nutan (junior) 11 December 2011

Maintenence from unmarried daughters

Respected all senoir members,

pl. hellp me in this distressing situation.

i am a handicap(60% n above), graduate person in mid thirties

my parents got separated 10 years back, due to some domestic strife n we have seen them fighting all these years. My father an arrogant person moved out by keeping pending all the house, electric, n phone dues pending to pay by us. My elder brothers doing business with him also moved out along with him. I was unemplyed n only elder to me sister was working.

For last 03 years we have tried to improve our life after lot of hardships. But now my father sued on us case for maintenence from us of Rs,15000/- pm. My mother is in absolute no condition to go through all this court trauma.

can anyone pl. tell me how much this case is void of maintenence from unmarried girls, when 2 elder sons r earning, living in own houses, married n father having own office, business in south mumbai?

also he has claimed ownership on the flat which he left 10 years back which is in my mothers name. pl. guide what justice we would get in this as the cases r pending before the court for last 2 years?

waiiting for reply

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7 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 11 December 2011

The case of your father is false and is not maintanable in the light of given facts. He cannot claim mantemamvr sllowance from the unmarried and unemployer daughters especially when he himself is earning. The house belongs to your mother only and your father has no claim there upon.

richa kapoor (designation) 11 December 2011

i agree

(Guest)

i too

nutan (junior) 11 December 2011

Respected Sir,

thanx very much for ur reply.

sorry, some more facts that i am now working in gov. as clerk for last 7 yrs, my sis is doctor n my mom is housewife

in the case my father has drafted that he has become handicap 20% n his sons r earning meagre income only 2 feed thier families. we have no proof to show he is earning n going office.

Sir, if the case is void then why the court is not giving final decision? bcoz of our health problems my sis has to attend the hearings. how can we get justice when we r not troubing anyone!

pl. advise

B.N.Rajamohamed (advocate / commissioner of oaths) 12 December 2011

Madam,

Maintenace of the parents by the children is made obligatory through the recent law by the parliament. But you can challenge on the grounds that you are unemployed and prove that your father has sufficient source to be maintained.