Mohammed Tariq (Executive) 02 November 2013

Maintenence denied

Hi Everyone, I need urgent help. My name is Darakshan.My father Mohd Anees was in clerical job in dairy dept. in Indian Veterinary Research Institute (a dept of central govt) situated at Bareilly Dist. UP. He had 1 son and 6 daughters out of whom now his son and 4 daughters are married. He died in 1998 due to cancer and in his place our mother Shafia Begum got the job on compensatory grounds and pension as well according to the law of that time. Shafia Begum due to her illegal affair. With the help of that clever and cunning person she took power of attorney from all the children even from the from the minor girl who is minor till date. They sold their forefather's prime location home our mother with her kept person starting beating us and turned away us( unmarried girls who started living with one of our married sister who became our custodian and stated taking care of us. After complaining the General Director of ICAR ( Indian Council for Agricultural Research) who directed the director of IVRI (Indian Veterinary Research Institute) to set up an inquiry against Shaifa Begum. A committee found her guilty for not taking care of her own dependent children and the committee gave the decision to give each child 15% of her salary and pension as well. Later the dept asked us for an affidavit mentioning the acceptance of the decision and opening the account in the bank for the same. Inspite of regular reminder the dept is not complying in writing. The dept. delebrately prolonged the case for 2 years and now they say that they cannot do anything. I do not know what to do after 2 years. Please help, Yours' faithfully Darakshan

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 02 November 2013

Firstly, your mother has no right to sell the share of the property of a minor child or if there is a minor interest over it without prior permission of court of law. If this sale was without the permission of court of law, then it is illegal and not binding on the minor child. This can be challenged by the legal guardian of the minor child. Your mother being a natural guardian has sold the property against the interests of the minor child, it can be stated that she cannot remain a guardian of the minor anymore due to her such unfaithful, illegal activities hence as an elder brother you can apply for a court guardian and then fight the case through the said guardian or the minor has to attain majority and can fight on her own.Now about the maintenance amount, if you have the copy the of the letter by the office of your mother directing her to pay the said 15% to you all, with the copy you can approach the higher official of the said organization to redress your grievance. Even if the higher official turn a deaf ear, forward your complaint to concerned ministry directly with a copy to the Prime Minister's cell. You will certainly get some relief.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 02 November 2013

agree with expert, nothing left to add

Mohammed Tariq (Executive) 03 November 2013

Sir your advice has really been helpful. I really appreciate your help. I have one more thing to add. While our mother turned us away, we were three sisters, In the meanwhile she cleverly lured our youngeset minor sister that she will get her married and our sister went away. She got her married so that she could not claim for maintenance. We have her high school certificate of her age and the record of my fater and mother will also proof the same and we also have the copy of nikahanama. Though my mother being a clever women has not kept her name in the marriage so how can a legal action be taken against her.

Kindly Advise,

Advocate Ravinder (Advocate/Attorney) 05 November 2013

I completely agree with kalaiselvan. Apart from that you can file Writ Petition before the HC for compliance of the order of the dept. Apart from that you can also file petition under sec. 125 Cr.P.c. which will be additional relief for you.