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Kumar Mysore (no)     02 March 2024

How to request court to include our sister to pay parents maintainance

Hi All,

My parents have 4 children. in this first one is daughter & grown with mother, we three sons grown with father. our parents are divorced.
Our mother was filed maintainance case against our father & our father was paying as per high court order until he is alive,but now he is no more.
our sister also filed partition suit against us and got one partition. after our father passed away our mother filed maintainance suit against 3 sons. even trial court ordered to all 3 sons to pay maintainance. but court is not considered our sister to pay maintainance, even she got partition.
Now we challenged the trial court order in the district Court & it is still running.
my question is how to include our sister to share maintainance?
even our house is under our mother control & she is getting rent around 15k rupees. we three brothers don't have house and living in rent house. our mother staying with her daughter & giving all rent amount to her daughter only.
as per the law daughters are also need to pay maintainance to her parents, but how a judge can ordered a wrong judgment like this against only sons who is struggling to survive to build their own life.
how to question this?
a judge can do like this for one side judgment?

now our mother filed 125(3) while appeal case is still running.
our mother, sister, court all are cheated us only because of we three brothers stands with our good father from childhood.

please someone suggest me, how we need to fight legally against bad/corrupt people like above.

Thanks in advance.


 1 Replies

T. Kalaiselvan, Advocate (Advocate)     02 March 2024

The matter was decided by trial court on the basis of the petition for maintenance filed by your mother and the counter/objections raised by you.

It can be presumed that you people did not take steps to inform court about all the details what you have stated here.

It can be understood that you three have not mentioned about the partition of property and your mother is residing in the same house allotted to you three and that she is getting around Rs. 15000 as rent per month.

It appears that you people have not filed any petition to implead your sister also as one of the respondents because she too has availed a share in the family property.

There is noi point in asking any opinion from this forum if the entire facts what you have mentioned here were not pleaded in the case before the trial court.

Moreover as the appeal is pending before appellate court, you may have to wait for the disposal of the appeal.

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