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manju   12 May 2015

Family maintainence

Hi,

 

My father is an Govt employee and he is getting retirement by next June. He is not taking care our family and my mother not getting Maintainence from my father, since 1 year ago we asked for Maintainence via family court and he left us and leaving with their sisters. In my father name there are 2 houses and my mother staying in one house and another given to rent. Rented family is helping us by giving the monthly rent to my mother for our daily shelter. But my father lodged a case aganist the Rented family to bare every month rent to his account.

Please advise how we can contine to get the monthly rent to my mother. As my father not paying any Maintainence so far and he is always escaping be showing fake loans and less salary detials.

 

 

 



Learning

 4 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     12 May 2015

Family court will decide maintenance. Ask ur lawyer to press for same.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     12 May 2015

Family court will decide maintenance. Ask ur lawyer to press for same.

sharma (ADVOCATE)     12 May 2015

Please submit the relevant information to the Advocate, so that he can file the case and you can get maintainence on merits.

Adv. Chandrasekhar (Advocate)     12 May 2015

Your mother should move a petition under Section 125 cr.P.C. along with an application for interim relief.  Within  three months, the interim relief will be decided in your mother's favour and you put proper prayer that the court will direct that your father's employer to deposit the monthly maintenance directly to your mother's account before releasing the salary to your father every month.  Similarly, after his retirement also, your mother can claim a part as her maintenance out of his pension.  Now coming to get rent from the other property without ascertaining any maintenance, then your mother has to file a case under domestic violence Act seeking maintenance and putting a specific request that the rental amount has to be given to her.  Only in Domestic violence Act, such relief can be granted.  In addition to this, in this very Act, your mother  can ask the court to give residential rights and stay on the property in which you are living right now and also stay on the other property from selling.  If in your family, the sons are there below 18 years or unmarried daughters, they are also entitled to maintenance and their maintenance also can be sought in the single application.  Family Court is only a forum, but under which Act you are seeking the relief is also important - under Section 125 cr.p.c. or Domestic violence Act? 


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