Maintenance for children

prblm (Querist) 01 January 2013 This query is : Resolved
Hello,
I belong to a very disturbed family.My father is an alcoholic and domestic violence is a daily scene at my house.I have a brother who is 15 years old and studying in 12th class.
My father frequently beats me and recently my brother and I resisted him ,he forced us to leave the house. Now, we are living with my grandparents. I am 20 years old and in my final year of graduation. It would take me some time to get a job, my brother has a career ahead and I am right now not much capable to pay all our expenses. Our grandfather gets a meager amount as pension. Can we take law help for maintenance of at least my brother? My father and mother both are on a government job.Please suggest.
Thank you.

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Raj Kumar Makkad (Expert) 01 January 2013
You both brothers can file a petition under section 125 Criminal procedure code in the Court seeking regular monthly maintenance amount from your father and his salary can also be attached for this purpose as you both are students. Take help of Free legal Aid.

ajay sethi (Expert) 01 January 2013
Hindu adoption and Maintenance act

20. Maintenance of children and aged parents- (1) Subject to the
provisions of this section a Hindu is bound, during his or her lifetime, to
maintain his or her legitimate or illegitimate children and his or her aged or
infirm parents.
(2) A legitimate or illegitimate child may claim maintenance from his or her
father or mother so long as the child is a minor.
(3) The obligation of a person to maintain his or her aged or infirm parent or
daughter who is unmarried extends in so far as the parent or the unmarried
daughter, as the case may be, is unable to maintain himself or herself out of his
or her own ealnings or other property
Explanation- In this section "parent" includes a childless stepmother.

father is bound to maintain his children . you can claim maintenace from your father for yours and your brother education

prblm (Querist) 01 January 2013
I am a girl and not a minor. I am confused if can also claim maintenance for myself and under the acts mentioned, Is there any punishment or procedure taken against my father.

ajay sethi (Expert) 01 January 2013
court will only pass orders for maintenance .not punish your father contact a local lawyer . he will do the needful