Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Kishore   24 March 2017

My father falsely filed section 125 crpc against me.

My father left us (me, mom and sister) before 2001. My parents didnt take any divorce. My father  happily married to another woman and they have one girl and one son born on 2004 and 2006 respectively, and i have proofs of their aadhar cards. after 2001, he didnt spent even a single penny on our education or expenses, all the expenses are taken care by my mother's family. im a graduate and preparing for jobs, and my sister present working in bank. my sister is unmarried and may be this year or next year she will get married. after 16 years, last week my father sent court summons to me and my sister for maintainance. Actually i never saw my father in last 16 years and he didnt spent anything from my 5th standard. and now he filed case against us. i dont want to pay him anything. please give suggestions



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 12 Replies


(Guest)

He is your dad, your father, you need to take care of him.  Am sure there is much more than what you have posted here.  Seldom people come with true story to a Lawyer.  Anyway if he has filed maintenance case on you, you will have to pay money monthly.  Am afraid there is no other go.  I remember similar case few years back.  Even that guy is paying money to father irrespective of what father did.  According to Hindu Dharmashastra on which our laws are based on, it  is duty of Son to take care of Father in old age.  Rama Krishna bless you.

legal   24 March 2017

File the case for bigamy under crpc and he will be behind bar or mentioned the same in your petition against maintenance and it will get deny and for the evidence submit the adjar card of your father
1 Like

Kumar Doab (FIN)     24 March 2017

Both sides have their own rights.

If he is unable to maintain himself, forget past, and try to support.

May be he has is real shambles in his sun set years.

If you are not inclined:

Contest on merits in court.

Kishore   24 March 2017

To helping hands, yeah there is much more story than I wrote here... I never forget, my father asked me "who is ur father?" When I'm 10 yrs old. He daily came home drunk and beat my mother. He is not there when I'm need of him. I'm very sad when my frnds telling tat their father bought this and their father brought them to movie, tat time I'm feeling tat my father is not there to buy me a extra pair of uniform ( I maintained my 2 years of intermediate with single uniform). I'm emotionally and mentally hurt. Im ready to help a beggar or orphan instead of my father. Anyway I don't have a job, so I don't care abt this. Thanks to all for ur suggestions

(Guest)
Originally posted by : Kishore
To helping hands, yeah there is much more story than I wrote here... I never forget, my father asked me "who is ur father?" When I'm 10 yrs old. He daily came home drunk and beat my mother. He is not there when I'm need of him. I'm very sad when my frnds telling tat their father bought this and their father brought them to movie, tat time I'm feeling tat my father is not there to buy me a extra pair of uniform ( I maintained my 2 years of intermediate with single uniform). I'm emotionally and mentally hurt. Im ready to help a beggar or orphan instead of my father. Anyway I don't have a job, so I don't care abt this.
Thanks to all for ur suggestions

Dear Kishore,

Children make lot of mistake.  Parents forgive them.  Yours is opposite case.  You too forgive.  Who knows your father might be in real trouble now and need help.  Whatever might be the case.  It is dharma of son to take care of father, that too when he is asking for help. Rest your wish.

Kishore   24 March 2017

Sorry, I forgot to mention that i dont think he is need of money. He invested lakhs of money at her (2nd wife) place before left us. I know all the dharma sutras and I know wt is right and wrong... I asked a query here for law suggestions only not abt humanity or anything...

(Guest)
Originally posted by : Kishore
Sorry, I forgot to mention that i dont think he is need of money. He invested lakhs of money at her (2nd wife) place before left us. I know all the dharma sutras and I know wt is right and wrong... I asked a query here for law suggestions only not abt humanity or anything...

Your tone tells a lot about you.  When you come asking advise you should not speak like this.  Not your fault, you dont have proper guidance by father.  Law suggestion already provided.  There is no alternate solution for not paying maintenance to father or mother if they filed applicatoin to court other than paying.  If you cant pay, then you will have to face consequences for not obeying court order.  You can fight the case based on merits.  Adultery or bigamy is very difficult to prove even if child is born out of such s*xual relationship.  IT will be waste of time to run behind proving adultery and bigamy. More over it costly to fight case of adultery bigamy.  Whether he go jail or you go jail (for not paying maintenance) only time will tell, that too after court order.

Whatever might be outcome of case, take decision after thinking 1000 times, remember you aer not alone.  One decision how it affect people around you, you wont know. So think 1000 times before taking any decision.  Best eg is your father only.  All the best.

Asgher Mahdi (Advocate & Legal Advisor)     27 March 2017

His maintanance application be maintanable with current rulings from Delhi HC under Maintanace law. You need to appear before the court and prove it whether he maintained you and other siblings. At present no choice except appear before the court appointing a lawyer of your choice.

Kumar Doab (FIN)     27 March 2017

Matter is in court.

Approach a very able counsel experienced and handling such/civil matters.

Contest on merits in court.  

 

Ankur   28 February 2018

Sir, thanks for your revert. However if father has enough property as well as other assets. If he is not willing to share any property with his son/daughter and is intentionally not generating any income (or showing less income) from that property, can children request the court for the custody of property to enable them to generate income and make payment of maintenance to father.

John Wick   19 September 2018

@Helping Hand. Your tone sounds like you are such type of father yourself. There are a lot of things that are happening as per Hindu Shashtra. As per Hindu shashtra, a father is supposed to be faithful to his wife and should take care of his children. He should ensure his wife and children sleep full stomach even if he has to sleep hungry. Responsibilites and rights go hand in hand. If you did not fulfill the responsibilities, then you have no rights either. @Kishore has been very respectful with his tone even when you are trying to lecture him, when he is asking for legal suggestion. You do not have to comment if you have nothing valuable to add to his problem. 

Ankur   19 September 2018

Very apt reply by Mr John Wick.. Kishor's tone is quite polite throughout.

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