KSM 31 January 2019

Mother filing 125 crpc while she abandoned us.

Respected Members,

My mother has filed a 125 CrPC case against me. She left the house on her own volition and went to stay with someone else or relatives when i was just 19. Now im 40 and she is claiming maintenance. I received a notice from family court saying you are WARNED TO APPEAR on such an such a date at the family court etc.

Attached with that was a multipage narration/notice points. The notice has completely false claims for each and every point. I can prove them all as false because 1.She cannot prove any of her false claims. That she funded my education and my marriage etc. She wasnt even around and hasnt seen me since my age of 19 but this notice states all these untruths. I have letters in her own hand writing telling me she has no money and is working menial jobs. While in the notice she claims that she helped me with loads of money and helped me buy properties etc. None of which are true. I dont own a single property and stay in the house that my father left me with and its still in his name. Yet they have baselessly claimed that i own properties and she has helped pay for them etc. What properties ? They dont know. Just shooting the breeze to make a claim.

I have grown up alone (no support of anyone) and with a lot of difficulty and have not had luck on my side to earn handsome living either. So i survived only on my talents and make just enough to pull along and make ends meet.

Will the court ask a person who is just making 10-12k per month to pay maintenance ?

What should i do with the notice ? Can i appear on my own without an advocate, is that safe and adviseable for a case like this ? I dont know the working methodologies of the court but can surely point out with clarity on the baselessness of her claims. At this stage affording an advocate might also prove impractical for me.

Also the notice seems badly worded. In someplaces claiming me as old and poor and that i should be supported (reversal of respondent and plaintiff terms) completely reversing the meaning of even their own claim. Shoddy wording. My mothers name is also fake on the document. She has given an email id sounding name eg prabha @ rani kumar. Where only Rani Kumar is the real name. How does a court accept such things ? She has also mentioned marriage dates in the document which imply she got married after i was born but goes on to say due to this marriage i was born and so on. She claims i was staying with her (completely false and she cant prove it) in fact i have documents proving ive been staying at my dads house paying property tax for the house etc with documents proving so.

The bottom line is i simply cant afford something like this because i dont have the resources.

I hope learned members would understand my predcament and try to help me with whatever advise you can give.

Thanks in advance.

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2 Replies

Martin S. 01 February 2019

Originally posted by : KSM
	Respected Members, My mother has filed a 125 CrPC case against me. She left the house on her own volition and went to stay with someone else or relatives when i was just 19. Now im 40 and she is claiming maintenance. I received a notice from family court saying you are WARNED TO APPEAR on such an such a date at the family court etc. Attached with that was a multipage narration/notice points. The notice has completely false claims for each and every point. I can prove them all as false because 1.She cannot prove any of her false claims. That she funded my education and my marriage etc. She wasnt even around and hasnt seen me since my age of 19 but this notice states all these untruths. I have letters in her own hand writing telling me she has no money and is working menial jobs. While in the notice she claims that she helped me with loads of money and helped me buy properties etc. None of which are true. I dont own a single property and stay in the house that my father left me with and its still in his name. Yet they have baselessly claimed that i own properties and she has helped pay for them etc. What properties ? They dont know. Just shooting the breeze to make a claim. I have grown up alone (no support of anyone) and with a lot of difficulty and have not had luck on my side to earn handsome living either. So i survived only on my talents and make just enough to pull along and make ends meet. Will the court ask a person who is just making 10-12k per month to pay maintenance ? What should i do with the notice ? Can i appear on my own without an advocate, is that safe and adviseable for a case like this ? I dont know the working methodologies of the court but can surely point out with clarity on the baselessness of her claims. At this stage affording an advocate might also prove impractical for me. Also the notice seems badly worded. In someplaces claiming me as old and poor and that i should be supported (reversal of respondent and plaintiff terms) completely reversing the meaning of even their own claim. Shoddy wording. My mothers name is also fake on the document. She has given an email id sounding name eg prabha @ rani kumar. Where only Rani Kumar is the real name. How does a court accept such things ? She has also mentioned marriage dates in the document which imply she got married after i was born but goes on to say due to this marriage i was born and so on. She claims i was staying with her (completely false and she cant prove it) in fact i have documents proving ive been staying at my dads house paying property tax for the house etc with documents proving so. The bottom line is i simply cant afford something like this because i dont have the resources. I hope learned members would understand my predcament and try to help me with whatever advise you can give. Thanks in advance.

Whatever your story is, you are saying you are right. Your mother is saying she is right. If you did not want to pay money, then why did you take notice?

Now that you have taken notice, you appear with lawyer or without lawyer. Now how to fight the case on your own you only should know. That nobody can teach you online. You hire some cheap lawyer, tell the same story to some lawyer in madras, you will find plenty of them, there are kangaroo courts also there in TN. You can manage things like this very easily I hear.

KSM 01 February 2019

Mr.Martin,

Sorry to say but you seem prejudiced and hence have given an answer with sarcasm. This is not exactly being helpful. I didnt ask members to tell me who is right or judge. I came here asking for some help on whether a 125 crpc case can be attended by just me or i need an advocate. And whether they usually ask for maintenance even more than what the respondent can afford. Dont behave as if you already know that im the person whos 'just saying im right and the other person is wrong'. You seem to not know/want to answer helpfully but instead criticize and talk on ethics.