Maintainance claim by father

Mr. Karthik, you can happily go away with your mother and wife as you wish. Nobody can stop you. Your father cannot do anything against you and your mother and wife legally. Your father cannot claim your earnings, properties etc. As you mentioned he has more sources of earnings and properties, he can not ask you single penny. You have all the legal right to lead a happy life of your choice. Dont worry for anything.

Bai. Take care. have a nice day!! 

Hi Karthik ,

I am in the same position as you are in at the momment. However you can never be sure. My mother in law has a house worth 2-3 crore and has rental income . Still she asked for maintainance and judge refused to listen and only question she asked was tell me how much maintatinance shall I levy.. This is Blind law dear

Regards,

Payal

Mr. Payal, if we can fight properly and strategically, no blind law can save any culprit. We can punish any cunning person but only thing we have to play a game like chess. Dont worry. Law is an ocean. If we find the right way, we can swim the whole ocean.  

If my mother starts staying with me and my wife, can my father file a divorce case against her and win easily?

What your father can do cannot be  predicted, if he is filing a divorce case, challenge it properly.

b.      Is there any legal “precautionary” measure my mother should take before leaving my father’s house start staying with me?

Your mother can lodge a complaint with the police against your father for threatening her and meting out cruelties on her alternately she can file a domestic violence case.

c.       If I leave my father’s house can my father still file a court case against me to handover my all/partial monthly incomes?

Under the given situations, your father cannot claim maintenance amount from you.

d.      Is there any legal “precautionary” measure I should take before leaving my father’s house and start staying separately so that he does not have any legal ability to demand any money from me?

Nothing, better walk out of the house.

e.      Can I get separation from my father legally? Can it be in the form of declaration/affidavit by judicial magistrate and publishing the same in a daily newspaper or any other means?

Not necessary.

@Suresh ,

Thanks a million for all the motivation. However right way can only be obtained if there's an authority who would listen or check facts and figures.

Judge says "I dont want to listen anything . I dont have much time. She's your mother . Let her have crores still you have to maintian her. Tell me if I would levy X or Y amount would be suitable for you"

When I approached Haryana Cops to lodge a complaint of Domestic violance , with a video recording of my mother-in law clearly slapping me , SI says "all these are no evidence" . My mother-in law went to the police station with a nieghbour who has good aquintance with Local police and daily uses POLICE service motorcycle for daily use. The officer refused to listen and threaten to put me and my husband in jail lodging false complaint . The lady officer present says" How does it matter , she has only slapped you once and elders using abusive language is ok . So this is not enough evidence of DOMESTIC VIOLENCE. I am still unable to understand what would be considered enough domestic violence - either they kill me or I commit suicide.

Hence , I have always found Legal System -BLIND, DEAF and DUMB.

However still I have not given up and is still fighting for justice. Hope to see a ray of light in darkness :-)

Regards,

Payal Sharma

Hello,

Thanks a lot for all the information. From the discussion it seems that there a dependency on the judge who would be taking the case. The lines ....."I dont want to listen anything . I dont have much time. She's your mother . Let her have crores still you have to maintian her. Tell me if I would levy X or Y amount would be suitable for you"....really makes me a bit nervous.

Hi T. Kalaiselvan

Regarding the following point 

Can I get separation from my father legally? Can it be in the form of declaration/affidavit by judicial magistrate and publishing the same in a daily newspaper or any other means?

You have suggested that it is Necessary. 

Could you please elaborate a bot on this steps wise on how to do this.

Moreover will the above mentioned steps automatically protects me in case my father approached legally to claim maintaiance ?

How to send  a legal copy of the above declaration/affidavit to my father and get it received by him?

Thanks,

Karthik

@Payal, is it Judge or tribunal member? I heard that for parents maintenance, various tribunals handles it and we can't have lawyers to represent us. In any case, as per Act 56, the max maintenance amount that can be ordered is Rs 10,000.00/- pm (ten thousands per month). 

I am already providing my house ( if rented , it would have fetched more than Rs.15,000.00/- ) + paying all the utilities - Rs 2000.00/-. I assume I would be fine and my parents can't even take me to court or tribunal. Well they are enacting their own drama by vacating my house on their own and staying with my younger brother. In any case, I made it clear to them that purpose of leaving my house as it is in India is for them to continue to stay.

@Payal, some amount of idiosyncrasies is allowed for elderly people (60+). We relatively younger people (any body less than 60 years old ) are expected to bear with it. So, we young people, even if we claim that they did physically abuse us, tribunal may take it bit light. But if we shout at them or use harsh words, that is enough for elders to report against us.

@ Oscar,

I completely agree with you . And thanks for all the information.This would really help me. Specially that max maintenance amount that can be ordered is Rs 10,000.00/- pm (ten thousands per month).

Regards,

Payal