Father abandoned mother
cvkrishnamanoj
(Querist) 17 March 2015
This query is : Resolved
1) My father(retd. Central Govt. employee) has abandoned my mother in 2012, since when my mother and me(male, 28 yrs, unmarried, employed) are living in the ground floor of the house, while he lives in the 1st floor of the same house which is his own.
2) Even when staying together, he on several occasions had badly abused and manhandled her, to which his mother and sisters were mute and gleeful spectators.
3) I understand that my mother is entitled to half of his pension.Can the courts deny the compensation on the foll. grounds:
i) Since we are living in "his own" house, although separately(we in the ground floor and he in the 1st), she is not eligible for entitlement and he can continue to abandon her!
ii) Since I, as her son, is employed, he need not pay anything and absolve himself of the responsibility towards his wife, as I can look after her!!
4) Is the process of claiming pension a tedious and costly one? How long will it take for us to finally get the work done? Months or days? My mother holds these reservations w.r.t courts and hence daunted to take any action which is mentally ruining her! Please help us on these issues sir...
Please clarify these doubts and help me sir......
Devajyoti Barman
(Expert) 17 March 2015
1. Wife is not entitled to half pension if her husband is alive. She can claim maintenance even if she stays in the same house.
2.Since you are above 18 years, you are not entitled to maintenance even if remain unemployed.Your capacity to maintain your mother does not absolve him from maintaining his wife.
3. Foprget about pension in which your mother has no share. Ask her to claim maintenance from court of law.
Rajendra K Goyal
(Expert) 18 March 2015
Your mother should claim maintenance from your father.
