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Suresh Reddy (IT Professional)     01 April 2011

Maintenance Case between Father and Son

 

HI All,

My Name is Suresh a software engineer married and has two daughters. My father has filed a Maintenance Case against me and my elder brother who is a lawer by him self. Court has ordered both of us to pay Rs 4000/- per month as an interim in the year 2008 and from that day I used to pay the amount and My brother has never paied the amount nor he is attending the court (only twice he has attened in 4 years).  My father has a property of Rs 1 Cr in which I used to stay in one portion with my family and I have vecateed that house and started staying in a rented house.

In 2010 the court has dismissed the case as my father was not attending the court and from that day I have stop paying the amount. after 10 months he has reopened the case and filed a petition to pay the arrers. in the mean time because of the recession I have lost the job and currently I have no permanent job I earn my livelyhood by doing come contract jobs. It has become tough form me to maintain my family and in spite of that I payed some money when ever i have some.  

My father has also influenced my Lawer by giving him some money ( My assumption as they talk frequntly). I have also told my father that I would give half of the pending amount for which his is not agreeing and looking at the current situation I have decided not attend the court and not to pay the amound.

I would like to know what are  consequences I have to face hereafter.

Would I be jailed if so for how much time,  is ther any way I can get rid of this case.

 

Please help me.

 

Thanks

Suresh.

 


Learning

 5 Replies

Tajobsindia (Senior Partner )     02 April 2011

@ Author 


The case is filed by your father under S. 125 CrPC it seems. The brief also shows you are an upright son of your father against vis-a-vis tricky second son who by profession seems to be lawyer and who has not even attended case and is almost forgotten by your father and you are being subject to milder form of legal rape !


1. I suggest you don’t even pay balance amount and instead file change of circumstances application before Court to nullify your part of arrears.


2. I suggest to add in your brief what are your father's source of income other than 1 Cr. property for clarity and then advise accordingly. 

1 Like

Vikas Seoul (Advocate)     02 April 2011

You can being these facts before the court that now you dont have the permanent source of income and have lost the job becuase of which you would not be able to pay the amount.

You also have the option of changing the lawyer if you wish and can also complain to Bar council of you have proof that your lawyer is cheating you and have colluded with your father.

Now the Banks have also introduced the scheme called reverse mortgage for the older persons where by they can give their house ( as you said 1 crore house is there) to bank where by they will be getting fixed amount of money every month and after the death of the parents ( mother and father of yours) the property would be of Bank's . in this case you would;nt be entitled to your parents house after their death ( which you would have got after their death) but you would be relived of the monthly maintaince and other problems of courts if your parents accept this proposition.

Your parents would receive near about 1 lakhs per month ( calculating on max side if your parents are 60 years and thy live upto 100 years. i crore of property( if free of any charge). go ahead with this if you and your parents like. your brother would have no role if the property is self earned ny your parents.

 

good luck

1 Like

Suresh Reddy (IT Professional)     05 April 2011

Thanks for your reply.

 

One thing I would like  to know is what are  consequences I have to face in case I dont attend the court.

 

Regards

Suresh.

Tajobsindia (Senior Partner )     05 April 2011

@ Author

1
. It will be ex partied in his favor.

But, why shall you do that ! Face the case boldly Law is also in your side, the only hiccups are delay and latches which no one can control you see. Infact such cases are interesting cases where a wealthy father seeking maint. from both sons but since one son is a ld. advocate so he is not touching him but screwing happiness of second family man son which is essence of Kalyug hence face boldly and if you need extra suggestion to your worries then here I go;


2. Ask your wife to file a maint. case on her and children behalf on you with just one allegation "that once a son is mature enough he is not responsible to look after a wealthy father and moreover this son is my husband and his primary 'duty' first is towards me and my children's upkeep andnot that when father in law has property of 1 Cr he should be seekign maint. help from one son and leave another major age son which is against the very principles of natural justice and ask for stay of his suit proceedings meanwhile".


Now see the fun in Court. Your wife will save you from your wealthy father's extending webs !

Vikas Goyal (Corporate Lawyer)     06 April 2011

Hi,

The Criminal Procedure code [CrPc] provides for the mechanism whereby the Father can demand maintenance from his Son.

Having said so the provisions can be interpreted to mean that this provision is applicable if the father is unable to maintain himself

Additionally the Magistrate can order the monthly rate not exceeding five hundred rupees in the whole.

You can therefore giving the economical position of your father, the new circumstance of passing through the recession, loss of earning capacity and the changed circumstance file the application seeking the revision of the earlier order of the Magistrate.

Vikas Goyal

 

 


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