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JollyGud (Employee)     03 October 2014

Maintenance/justice for innocent house wife

Dear Law Experts

My father is a AP state govt employee and draws monthly salary of Rs. 50,000 per month currently. He is close to retirement and just has only 2yrs of service left. Once he retires, he is expecting a lum sum provident fund amount of Rs 15 lakhs and a pension of atleast close to Rs. 20,000 per month.

Over the past 10 years he has indulged in several bad habits (excessive alcohol drinking, smoking, gambling(pekata) ) and borrowing money from several places. The debts he made ,landed up in a state, where he was about to sell his own house that he is currently living in and put wife (un employed house wife) and handicapped elder son on to the street. I being the younger son, pitched in ,started clearing his 60+ lakhs debts by pledging house taking housing loan, and saving the house, thereby keeping the innocent mother and elder brother in the house.

Even if the current debts are cleared , there is no garuntee that he will resist from borrowing more debts as he is completely aware that is he going to get those 15 lakhs and pension funds. So am sure , he will continue indulging in more habits without any repentance or caring for innocent mother, elder brother. Divorce is not an option here, as we still believe in him. Just the bad habits /extravagant spending/borrowing debts part is the only drawback with him.

My Questions:

1)      1) What action can be taken from a legal perspective to get atleast 50% stake in his salary every month deposited directly to my mother’s account?

2)      2)Is there anything that we can do to protect and prevent those 15 lakh rupees landing in his hands and ending up going into drainage? If we can get hold of 15 lakh rupees then I can save it for the mother, brother & father’s medical expenses as they grow older.

3)      3)On similar lines, what legal provisions are there to get the monthly pension amount land directly in mother’s account instead of the entire amount going into his hands and he spending it extravagantly.

Please advise your thoughts.





 4 Replies

Bal Mukund Shah(9826310378) (Advocate)     03 October 2014

your mother give application u/s 125 for maintinence and her mentinence can allow as 1/5 part of selary or pension and not allow to find provited fund till father life 

1 Like

T. Kalaiselvan, Advocate (Advocate)     07 October 2014

For the present she can claim maintenance from your father by filing a petition before magistrate court u/s 125 cr.p.c., about his terminal benefits and pension amount, let him become eligible to get them, then we can decide about any option to get them.
1 Like

Adv k . mahesh (advocate)     09 October 2014

as said terminal benefits will be granted only on your fathers name only

even if you file case against it court will not grant any stay on terminal benefits 

1 Like

JollyGud (Employee)     10 October 2014

thanks a lot dear experts...

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