Raj Kamal (PA) 03 November 2014

Father's right in son's salary

Hi Suchitra,

I need advice on my issue. I live in Hyderabad.

Currently I am not staying with my father. My father and mother stay and everyday my mother visits me as I stay nearby in a different flat.

My father is getting pension of 17k per month and now he is threatening me to give some amount of my salary to him.

Also he spends most of his income on his maintenance lavishly and I also contribute to his household expenditure eventhough I dont stay with him.

Now he is asking me to give more money. Also sometimes he is threatening me to give large amount say some 50k, 1 lakh. But my salary is 25k. Apart from giving some amount to him, I am also living separately in a different flat. I have my own expenditure.

He spends all his income on his medical tests and unnecessarily he goes to hospitals for even small things like a simple blade cut etc and many more silly reasons.

Also, he is saying that there are some organizations in Hyderabad which will take his complaint and they go to my company and will settle this by giving some part of my salary by convincing the company legally. (I dont know if private companies will allow this).

1) If my father goes to court, should i give a part of salary to him?

2) In case if any organizations or sangams try to threaten me to give money then what should i do?

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3 Replies

P.THANGAVEL (ADVOCATE & LEGAL CONSULTANT) 03 November 2014

From the facts put in, if all are true, there is no need to get worry on the issue. If you establish that your father is spending lavishly on non essentials,his claim may not succeed.The Court having jurisdiction

alone is empowered to pass order directing the Employer to effect deduction from salary that may not normally exceed 33% of the net salary drawn at that time.

No sangam / NGO can resort this power. if you receive any threat from them, file police complaint against them immediately. All the best.

T. Kalaiselvan, Advocate (Advocate) 06 November 2014

Your father is a pensioner and can sustain his expenses through his pension income. Therefore he cannot claim maintenance,neither any NGO can force you to pay him maintenance money.