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Kumar Mysore (no)     09 April 2021

Notice is not served

Hi Sir/Madam,

My mother who left us 22 years ago is filed a maintainance case against her 3 sons. she is staying in my father house. we 3 sons came out from our house 22 years ago due to some strong reason. only my first elder brother received notice & attending court. me & my 2nd brother not in contact with anyone from many years & not received notice.
In this maintainance case she said false statements that my sons getting good salary & well settled etc...so we haven't received notice & we are getting good salary & not settled well.
is court will consider me & my second brother to pay maintainance based on her statements?
even we haven't received notice & she don't know where we are living & we not in contact each other.

Please someone answer this question.

Thank you


Learning

 1 Replies

Pradipta Nath (Advocate)     09 April 2021

In case you and your brother both have not received any notice, the summon can be processed again or a public notice can be given upon a separate petition and prayer to this effect. The point is you cannot ignore it! Also if possible please try to found out what the note been written by the concerned postman, as there are chances to hear the matter exparte!

My suggestion please defend the allegations as your mother may play her sympathy card and notwithstanding Senior citizens, including parents, will be entitled to maintenance under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 if only they are unable to maintain themselves from their own earnings or out of the income from the property owned by them as decided in M. Venugopal Vs. DM Kanyakumari. 


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