Daughter's right to ask maintainance from father

Manager

 
Reply   
 
Advocate

@pujaji,

1.  Section 125 Cr.P.C. petition along with interim relief- interim relief matter will be decided in 2 to 3 dates.  This application lies before Metropolitan Magistrate.  revision lies before Addl. Sessions Judge and Appeal lies before High Court.  I recommend this procedure.

2. Application under Sectin 20(2) of Hindu Adoption and Maintenance Act, 1956.  Application lies before Additional District Judge.

 
Reply   
 


Junior lawyer

Dear Puja

All my frds stated or right but if you approach court of law you have to pay money intitially and it will also take some time for remedy

And as per guradian act your father is entitled for maintainance and for that first you have to know what is maintainance it encludes food, shelter, clothes and study and that you have done your graduation which itself is covered and now you are trying to study PG. Whether this will include is a question mark and it is mostly depends on the  judge to decide.

 

so the best advice would be if you are so keen in studying Law you can very well approach a bank and try to get study loan and work hard and succeed in your life rather than spending money in the court and that too your father is also a lawyer who very well nows the noke and corner of law and he will not allow you to succeed.

Moreover the fee for studying law is less and the books will be available in the college lib so the cost incured will be very less

 

All the best


Total likes : 1 times

 
Reply   
 

Puja ,

1. Your mother got 8 L during divorse settlement with the complete custody / responsability of child . She would have secured a part of it as a fixed deposit to secure your future.  When divorce decree is passed , often the amount is decided considering sustainability of wife alongwith security for future of the child which your father has already paid. Ofcouse the part for child's security is not saved by your mother as desired which is causing financial difficulties to you now..

2. Secondly , You have a past of complicated relations in your family . Filing another suite on your father will create further bitterness/ emotional stress and may not bring any good to you .

3. Ethically its not justified to rip off your father again if he is not willing to support you  . You are educated , capable and not handicapped . You can sustain your self  by finding a job  if you want . As a matter of fact in many developed nations like USA , Australia , Canada many high school students work part time and gain financial independence and experience . This helps them to develop the right attitude towards work and be successful in the longer run . While in india people keep on studying till mid 20's to 30's age and often find it difficult to adjust in work enviournment due to lack of practical experience and wrong attitude .

4. Take this as an opportunity to prove yourself  and save the money which you are thinking to waste on hiring lawyers.

5. Try to maintain good and healthy relationship with your mother as well as father ( Give love to expect as willing support)  . Your past was certainly out of your control but try to control your life in a healthy and positive manner . Try to get a loan from any of well wishers ( if you can )  which you can return once you be a CA. Remember its not always your qualification but your attitude towards life which can make you sucessful . Dont be afraid of challanges and create a passive envoiurnment aroung you so that you can grow further.

 

TC

 
Reply   
 
Banana Master

why dont you ask your mother to trap a new "bakra" and leave him just "second night" and again claim8x2= 16 lakh for settelment under bharat ratna DV/498A etc etc etc.............?

 
Reply   
 

Hi Puja, My advivce is on similar lines as already suggested by few. Please take up a part time job, and take loan for higher studies for law. Stand on your own leg, it will do you good.

 
Reply   
 
Prakash Legal Clinic Haridwar

No further advice need after Ravi chaturvedi.

He is correct.


Total likes : 1 times

 
Reply   
 
Prakash Legal Clinic Haridwar

I leave some essential facts here

If Your mother has accepted amount in one time sattelement for herself and on behalf of yourself - In this way its difficult to you for get maintenance u/s 125 Cr.pc.

Its duty of your mother to save money for you.

 
Reply   
 
none

Pathetic state of the country. Exploitation of men continues...........

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

  LAWyersclubindia Menu

CrPC MASTERCLASS     |    x