U/s 125-wife is working but phsyciatic paitenct
Angshuman
(Querist) 07 December 2011
This query is : Resolved
My Mom ( who is an advocate and pratising law from last 25 years)has filed a case U/S 125 against my father ( who is retired govt.employee and gets pension).
Me and my brothers are working and have no dependancy on them.
They are living in my Dad's house and my dad actually takes all cost of living of her except for those medicine which are not prescribed.
My Mom was under treatment of phsyciatrist from 1996 till 2006 and was fine.She stopped visiting him and stopped taking medicines prescribed by him with proper doses.but started treating herself on her own as advised by her brother and sisters.
We stopped giving her cash as advised by doc.she started selling gold ornaments and her brother and sister ( they are also advocate) encorouged her and filed a case of 125 for maintanance.Even though she is telling that she will withdraw but not taking any action since June.Next week is the first hearing.
Shall we go to high court to squash the case?
we have following..
1.evidence that she is working as Lawyer and practising law.
2.evidence that money was monthly deposited to her account from my fathers account.
3.Bills of the goods brought from last 2/3 years for her.
4.Doctor is also ready to give certificate but advised us not to use that until absolute necessary as otherwise it will be difficult convenience her visit him or any other psyciatrist.
Please advise.
Devajyoti Barman
(Expert) 07 December 2011
Though you can show that she is an advocate nad must have some source of livelihood, once you bring the evidence of her mental condition the ssame would go against your father.
So better keep her busy with you and your father so she does not show much interest in the case.
Else your father may be directed to pay some amount of maintenance depending on his pension.
Angshuman
(Querist) 07 December 2011
Thanks for reply.
Will it be fine if we just show that she is
she is an advocate and has some source of livelihood?
We are not interested to show up those prescriptions.As that makes a TABU for her not to visit a psychiatrist.
Moreover,till now my father is spending for all her expenses ( except un-prescribed drug) and she is living in same house.Moreover,she is being given some money (by account transfer) for incidental costs.
prabhakar singh
(Expert) 07 December 2011
No!you can not go far any quash of a 125 Cr.P.C. case of maintenance as it would be out right rejected.
Despite being advocate she may plead she has no income/or insufficient income then maintenance shall be awarded to her.
Taking case of her mental illness shall make her ground of maintenance more strong,that could have been a ground of divorce in early
time of marriage.
hence no aggressiveness is advised of any kind at this age of life.
prabhakar singh
(Expert) 07 December 2011
All that is being paid to her monthly and that she is living along with must be told in the reply of your father to be filed in court.
The amount should continue to be paid against proof,as it is being done.
Angshuman
(Querist) 07 December 2011
what shall my father do in that case?
Angshuman
(Querist) 07 December 2011
she is living with my father, none of them wants divorce and even she is not ready to come to my or brother place leaving my father's house.
She wants 50% of my fathers pension.The reason is that
1.To pay visit to various doctors or to buy any medicine from retail stores without prescription to fulfill her illusions that she is sick for this and that disease.
2.To take away most of the money from my father's pension.Since she has illusion that my father will pay to some other women.She even does not know the name of those other woman.
It is not difficult to give her cash for my father or for us.But we don't want to give cash so that she does a proper treatment and does not take this or that medicine which takes her to depression or aggression.
Angshuman
(Querist) 07 December 2011
Just forgot to mention the age of them..
My father is 65 and mom is 59.
Devajyoti Barman
(Expert) 07 December 2011
If the disputes is not settled soon and that too amicably then I see the grim picture of both your parents fighting in the court.
prabhakar singh
(Expert) 07 December 2011
What monthly amount she has claimed?
what is being transfered in her a/c monthly??
What is pension amount of your father??
How much is his expenditure??
V R SHROFF
(Expert) 07 December 2011
Many of you are Advocates family !
Try to resolve this matter peacefully, at the evening of their Life.
Educated Lawyers, who have to solve problem are creating problems , Majority of Matrimonial disputes/ Divorces cases / are with Educated Wife!.
Root causes, I mentioned earlier, should be removed, to cure this type of mental illness in h-w relationship.
Anyway, all anyone pays going for your family only, no one is going to re-marry, or part with your family money!
Will left for all you children.
Take care of your mom, in case she really need it, being mentally sick.
Shonee Kapoor
(Expert) 07 December 2011
Sad story, just show proof of monthly deposit and ask court for psychiatric evaluation of the petitioner.
There is a precedence when it was granted by the court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
mahendrakumar
(Expert) 08 December 2011
apart from the suggestions above,
as children,dont you have any influence on your mother.
"love and affection" is one of the time tested medicine available for such issues.
without any legal hassles,try this route.
wishing you all good luck.
Angshuman
(Querist) 08 December 2011
@Prabhakar singh
1.She has claimed 15000 INR per month.
2.She is being given 2500 INR as her Pocket money.She is staying wih my Dad.and all other expenditure are taken care off considering salary of one cook and one maid for two of them.She does not have to pay any bill or anything from that 2500 INR.
3.I don;t know exact pension of my father but it may be 22000/- max.
4.Never seen or known my father to calculate expenditure separately for his personal reason except ciggerates.
There is no loan against him.He does not take any money from anyone or give to us( Children).All bills etc are paid by him.All expenses of him and my mom are paid by him.( except un prescibed medicine ).
Whatever he used to save they ( Father and mother) used to go for long vacation and spend that amount.It is stopped from last 2 years as She has stopped visiting the psyciatrist and without the medicine any time she can loose her complete memory and becomes senseless ( she lost her sense few times whenever she stopped taking medicine or took improper medicine).Which will be difficult for my father to handle at this age in unknown location.
Angshuman
(Querist) 08 December 2011
@Shonee Kapoor
1.The Psychiatrist(who was treating her since 1994 till 2005/6) was refereed by one of my Mom's brother.He is also a patient of the same doc and now he is fine.My mom was also fine till she stopped taking medicine and started trying un-prescribed medicine.
2.That brother tried to convince my mom to visit the doctor and failing to do so he called the doc on her own accord.
3.Doctor also saying since she has bipolar schezophenia she will calm down and then start crying for what she has done.( thats what generally she does).
Doctor is ready to give certificate etc if required.
4.All expenses of treatment is beared by my father till now and he along with us is trying best to convince her.but She has now filed the case.
5.We also asked her to visit some other doc whomever she preffers but should be good and well -known Doc.
Also suggested her with 6/7 docs name.
She refused strongly.
Question:
1.How to make ensure that she visits the doc on regular basis and carry out the treatment.
2.Is it possible to quash this case without mentioning her mental condition as this may become a tabu to her and she will never visit the doc again.
