Fake case (need help)
Guest
(Querist) 02 March 2012
This query is : Resolved
I have very serious matter in my life. We are Christian. I am staying with my mother. She totally depends on me. I am a working guy, not married. My father is alcoholic and separated (not legally) from my mother 18 years back due to fighting, bad company, alchohol, not giving house hold item etc. We are three children, one elder brother and sister both got married. My mother sacrifices whole life from the last 37 years. She is not educated but she done every small work (like press, door to door marketing, stiching, etc) to survive. She alone educates all three children. She alone does marriages of two children. Now after 18 years my father (age 64) sends us court notice for his maintenance. my father had 160 sq.f of land in delhi, half of which he sell out in year 1992. after that he run away. We are living in delhi, the said property is named on my father. I meet many times with my father but he doesn’t want to change. He drinks whole day. My brother is living on first floor, he is also alcoholic, he is not working from last 4 years, and he only drinks day and night. On last court date, my brother give statement that he wants to live with his father, he only wants whole property that’s why he compromising with my father. My sister is with us, but she can't do anything. Does my mother have any part in this property? My mother is very tense, after 37 years she got nothing. My mother and I want peace. Our advocate doing nothing, he wants us to compromise with father. we need nothing but only justice, i want to fight for my mother who sacrifise this much for us. Please tell me what to do???
V R SHROFF
(Expert) 02 March 2012
"my father had 160 sq.f of land in delhi
My brother is living on first floor,"
I can't digest a home only with 160 sq ft, land have floors in Delhi. ??
Is it larger area??
As father is Sr, Citizen, old man, cannot be denied of residence in his own home, with his family.
Your mother have right to reside in the same house.
Your father can ask Maintenance from his children, and also from working wife, if he is unable.
Sad Story. , but not that serious.
All demands are legal.
Deepak Nair
(Expert) 02 March 2012
Yes. Your father is entitled to seek maintenace from the children.
Adv.R.P.Chugh
(Expert) 02 March 2012
Howsoever unconscionable - his demands is sustainable - as S.125(1) does not contemplate that the obligation to maintain parent who is unable to maintain himself can be enforced only it is preceded by the fulfillment of the parental obligation to maintain and bring up the children during the childhood of children. (Pandurang v. Baburao - 1980 Cri LJ 256 (Bom HC)
However I do differ With Ld.Shroff Sir - when he says that he can ask for maintenance from working wife. That is only permissible u/s 24/25 HMA - and can be pushed into action when any other matrimonial proceedings are pending - which does not seem to be the case here, and even if it was - his claim would have been very unlikely.
V R SHROFF
(Expert) 02 March 2012
" On last court date, my brother give statement that he wants to live with his father,"
MEANS
The matter is in Court, and pending litigation, he can claim mtn from wife and children . How can he fight case empty stomach, when he has no income, and wife is earning, capable, and residing in his home.
Bharat, Hindu Law is irrelevant here as Parties are Christian, so sec 24 is not applicable.
BUT HE SAYS MATTER IS IN COURT, AND MUST BE IN FAMILY COURT, SO HE CAN DEMAND RELIEF AS PENDING LITIGATION.
ajay sethi
(Expert) 02 March 2012
agree with shroff
Deepak Nair
(Expert) 02 March 2012
well advised by Shroff Sir
prabhakar singh
(Expert) 04 March 2012
In such a long sad story of emotions you missed to tell us what case is pending in court.
It is your mother who has right to maintenance against her husband.
She or you or your brother can not claim in his property during his life time.
However,your mother can get her right to maintenance charged upon his property by decree of court.
As regards to you two brothers you both are liable to maintain your parents under lawOur culture recognizes the status of the parents as that of God. So it is moral duty or obligation of children to maintain their parents. Maintenance of Parents is included in section 125 of Criminal Procedure Code, 1973.as well as inexpensive process laid in The Maintenance and Welfare of Parents and senior Citizen Act, 2007 is enacted and they cover parents from every faith. In addition Hindus are further obliged to follow The Hindu Adoption and Maintenance Act 1956 .
Shonee Kapoor
(Expert) 04 March 2012
Agreed with considered advise of Ld. Prabhakar Singh Ji.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
