Raju 18 April 2018

Abusive 59 year old father files crpc 125 on one of the sons

Dear experts and fellow members, I have a brother (Working in an MNC) and a sister (Settled abroad). Father has been abusive since our childhood and about 10 years ago he caused my mother to die. I've spent my earnings to support brother and all the marriage expenses to my sister. My father has given up his responsibilities all the while.

2 years ago he obtained chequebook of my bank account and forged my signatures and withdraw 10 lakhs. Later the Bank filed Police complaint and FIR registered with Sections 420, 468, 471. Chargesheet on the same is expected in a month.

6 months ago he filed CRPC 125 maintenance on me with lot of false accusations with intent to pressure me to withdraw police complaint. I filed the counter in the family court and left abroad for 3 months on professional work. On return to India I realized I was made ex parte and the Court Orders to pay him 20,000 per month.

My question:
- What are my options now as the order has been already announced.
- Can he still file crpc 125 on me while holding 10 lakhs with him? (He agrees he withdraw money. But says he paid the debts and don't have the stolen money now)
- Can he target only me for maintenance while 2 other children are well earning and settled abroad?

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4 Replies

Vijay Raj Mahajan (Advocate) 18 April 2018

The order for interim maintenance made ex-parte against you in your absence, its your advocate's fault that he could'nt oppose it properly. The order stand against you that you will have to pay and defend your case with regard to payment of maintenance to your aged father based on the issues that you raised here. The final order of the Family Court will come after sometime after recording evidence of both parties, till that time the interim maintenance order stands against you only.

Get the criminal proceedings expedited against him at the earliest, so that he gets punished for the wrong committed by him..

Asgher Mahdi (Advocate & Legal Advisor) 18 April 2018

What ever your alleged explaination of your father being of crooked have no reason to defend you to pay for his maintainace. As per the Section 125 of IPC, a father or mother may claim maintanace and obiviously, the court may order to pay maintainance. Further, looking after and carring of the aged old parents is not mandatory as per law but the a provision under IPC is allowed to looked into it.

(Guest)

This is time to repay. Law has provision in it.. You cant escape paying. Nor can the other 2 escape. All 3 children have to look after old man.

If order passed and not obliged. You can go to jail.

There is chance of revision, but then old dues mst be cleared. From now on its over due over due over due. Jail is calling.

1 Like

sachin sharma (Advocate) 20 June 2018

You are efficient enough to hire advocate, so don't waste time on public platform. If u hired the advocate and still u were decreed ex-parte, change your advocate immediately.

Your options: First, because u were decreed ex-parte, now u need to file an application u/s 126(2) Cr.p.c to set aside the ex-parte order with a reason of absence in substantive proceedings. Remember, this shoule be filed within 3 months from the date of ex-parte order.

Second, u can alos file revision in the high court, but that would be more time consuming, so choose option first.

Third, if he has 3 son and all r earning, u alone cannot be asked to face the entire burden. Pray court to impead others too as a party. Also, bring this fact before the court that criminal proceedings have already been initiated against the father. Court do not support criminals. The first rule is "one should come with clean hands".

Note, start paying the already decided amount, if not 100% atleaset some amount so taht u can show that u r trying to obey the court order.