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Rajul Kumar (Translator English to Hindi and Vice Versa Team of native Translators in all Indian languages )     08 May 2010

Is a father is legally obliged to give financial help to son

The situation is that my age is 33 years old and my older brother is 38 years. My older brother has been married 05 years ago and he lives with his wife. While I myself is still a bachelor. Almost 20 years ago, our mother has passed away.

 

Our Father has a total of 03 children. I, my elder brother and elder sister. After our mother's death, our father had dual responsibility to bring up us.  But since mother's death, we felt that the father's attitude towards us (especially to the two brothers) was non-responsible.

 

Meanwhile, almost 12 years ago, father married our sister and after living with her husband almost two years, she has been living with our father. Her single daughter is eleven years old. Father has been nurturing our sister and her baby. She has not divorced from her husband. Now for the last one year there has been made a mutual agreement between our sister and her husband and her husband is giving almost half of his salary to our sister. She is saving the whole amount while father is still nurturing her and her baby.

 

 

Our Father who retired almost six months ago from the bank has received some money after his retirement. We all my father, my brother, his wife and son, our sister and her daughter and I live in the same house. The house itself is built by my father. Although my brother and his wife separate arrange their bread and butter. I do live with them.

 

 

Just last few years my brother has been in drug business, has now lost his business, and also to repay a bank loan. The loan is on the name of my sister-in-law.  Due to losses in business certain installment of loan could not reach to the bank and the bank has removed the recovery notice. Brother is unable to give the debt. We both prayed to father for funding but he refused. Also, our sister told father not to give any kind of help. I am helping, as much as possible, but without dad's economic cooperation, nothing possible. Is any father is legally obliged to give financial help in such of odd circumstances?

 

 

 

 

 

 

 

 

 

 

 

 

 



Learning

 10 Replies

Gulshan Tanwar (Advocate)     08 May 2010

No

Ashok Yadav (Lawyer)     08 May 2010

Legally he is not bound to maintane to you, your brother and sister, it all depends on his own will.

Because you and your brother are not minor, your sister is married so your father  has no libility to all of you.

He may do it only on his own wish law can not compell him to give you  financial help.


(Guest)

No.

Gulshan Tanwar (Advocate)     08 May 2010

All my friends had given their suggestion regarding your problem; but s.125 CrPC also comes to your help; as u r unable to maintain yourself and hence ur father is liable to provide you maintenance; there is no such bar regarding major children but u have toprove ur stand of disability for the present times and for the near future.

For further clarifications u can contact me: gulshantanwar@gmail.com

G. ARAVINTHAN (Legal Consultant / Solicitor)     08 May 2010

certainly not. No one can be reposible for debt incurred by his Daughter in Law

scharlie (worker)     09 May 2010

No father is not obliged to give financial help to son. you your brother and sister are not minor so it is not legal responsibility of father, he can help you as his own wish.

________________

child custody advice for children


(Guest)

1. DV Act is "loosely drafted" recently a 11 year old "male" child from Pune using the provisions of DV Act got maintenance from his father.
2. Again in DV Act it is not defined children "age - minority or majority wise to set bar under Hindu Minority Act" to seek maintenance leave aside "female or male means gender of a child" i.e. children as "agrieved person".
3. You may write "legal history" if you may choose to file a DV Act case against your father to maintain you giving "change in circumstances" taking help of a very good Counsel to draft the complaint application to be filed straight before Ld. MM Court.
4. BTW where you from ?
Rgds
 

M.G.RAJESWRI (LAWYER)     09 May 2010

No. you ur father is not bound legally.

N.K.Assumi (Advocate)     11 May 2010

I dont think it is a question of legal obligations rather it is a case of humanistic touch of you father.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     27 May 2010

Father is responsible to maintain the minor children and femle upto whren she is unmarried. I think u can claim.


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