Dear All,
Can a maintenance suite be filed through District Legal Services Authority (Free Legal Aid).
SB
Dear All,
Can a maintenance suite be filed through District Legal Services Authority (Free Legal Aid).
SB
SAINATH DEVALLA (LEGAL CONSULTANT) 31 May 2016
Yes U can do so,if UR income is less than 9000/pm and U satisfy the conditions of section 12 of NALSA.
But when I approached Dist Legal Service Authority(DLSA), he told that I should hire a lawyer myself to give a proper counter if any given by opposite party and if at all a maintenance suite is filed from DLSA, it may not be properly answered; and also that this case cannot be filed from here. I do not want to disclose the advocate there who told me this, but let me know if this is true.
Can I now approach DLSA through RTI act describing my the case in full and so that I have a documentary proof.
SB
SAINATH DEVALLA (LEGAL CONSULTANT) 31 May 2016
Section 12 (c) clearely defines that a woman or a child can take the assistance of LSA's if they fall under the eligibility criteria.The concerned authority cannot abruptly say no without verifying the eligibility.
But the person (advocate) with whom I discussed the complete case told me that Free legal aid cannot be given and he showed disinterest further and told that is all. At this case, what can be done. I have no evidence audio or video of this case, but i know the name of that particular person and i have phone call recording stating that I am DLSA and wanted to meet him twice
and also please let me know if the son can file a case or ask for free legal aid on behalf of mother for mother's maintenance case.
SAINATH DEVALLA (LEGAL CONSULTANT) 31 May 2016
U can send a letter to the State Legal Services Authorities which will be located in the High Court of UR state.
SAINATH DEVALLA (LEGAL CONSULTANT) 31 May 2016
He can do so only if he is a major for the maintenance of his mother and for himself.
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Major son of well-educated and economically sound parents can claim educational expenses from his father or motherBombay High Court: Allowing a petition, a division bench comprising of Sadhna S. Jadhav, J held that a son is entitled to maintenance from his father even after attaining the age of maturity. In the present case, the petitioner's parents were divorced and permanent custody of the child was given to the mother. The petitioner had filed the application on the grounds that it is the obligation of the father to maintain him as he is studying and fully dependent upon his mother. The Counsel for the petitioner had argued that divorce between the parents should not disentitle the child from pursuing his further studies and making himself capable to earn a decent living. The Counsel placed reliance on the judgment of the Supreme Court in the case of Kirti Malhotra vs. M.K. Malhotra 1995 Supp (3) SCC 522 to demonstrate that the petitioner would be entitled to maintenance during the period he is seeking education. The father opposed the application on the ground that as the son had attained majority age he is no more liable to pay maintenance to him. The Court after going through the judgments and arguments placed before it ruled that major son of the well-educated and economically sound parents can claim educational expenses from his father or mother irrespective of the fact that he has attained majority [Jayvardhan Sinh Chapotkat vs. Ajayveer Chapotkat, Civil Writ Petition No. 2117 of 2012, decided on April 8, 2014]
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 2117 OF 2012 CORAM : SMT. SADHANA S. JADHAV, J DATE : 8th April, 2014 |
prabhakar advocate (advocate) 31 May 2016
1. Maintenance case under Sectin 125 of Cr.P.C. can be filed by a woman through Legal Aid Counsel. There should be no other opinion. Being a woman she is entitled to get the facility irrespective of what is her financial position. The advice given by that advocate is wrong. Further, there would be a panel in the DLSA and the DLSA authority will allot an advocate out of its panel, once you move an application seeking Legal Aid Counsel to take up your maintenance case.
2. The Complainant / Petitioner of maintenance case is a major, she has to file a case and her son cannot file it. If she is handicapped or otherwise unable to appear in the court, then also courts would not like her son's represention for her even under Power of Attorney, as the case is quasi criminal. I cannot understand that why a son should represent the mother in maintenance case.
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