Maintaince case
Vijjay
(Querist) 23 July 2016
This query is : Resolved
Hello,
Need a Suggestion on the maintenance case filled by my Father. He has asked for a Monthly maintenance stating he has no income. But we have identified two bank accounts, one in HSBC and other in kotak mahindra. But we don’t have the account number or any other details. What is the procedure to get the bank details of the two banks. He is not living with us. He has been having a extra material affair and moved out. Of late he has shifted the house and we are not aware of his new location. But to the Court he is stating he continues to live with us and is not having any affair and wants maintenance. 2) Is there a way to track his mobile network and produce to the court that his number is not in our Home location at night and he is living in other location. What is the procurement to get the details of the location from the Phone Network?
Please Advice if there is any other possibility too
Thanks
Devajyoti Barman
(Expert) 23 July 2016
Mere maintaining a bank a/c is no ground to avoid maintenance.
In stead of contesting the case you being his son should be ashamed of the fact that the father is forced to go to court seeking maintenance.
Seek his forgiveness and start giving money regularly.
Rajendra K Goyal
(Expert) 23 July 2016
Try to have amicable settlement.
If he is not having permanent source of income he may be allowed maintenance.
Bank legally can not provide information of the account of third party.
Mobile service provider would not provide details to third party.
P. Venu
(Expert) 23 July 2016
Contest the matter on merits (of course, if the father is well settled in his present 'arrangement')
Nadeem Qureshi
(Expert) 23 July 2016
if your father is unable to maintain himself then it is your moral, social and legal liability to maintain him.
It will be better to settled the matter amicably, otherwise you have to pay the maintenance as per your status and his requirements.
if your father is having a extra martial affair then your liability to maintaining him can not be finished.
Feel Free to call
Adv FAMILY COURT Misra
(Expert) 24 July 2016
If ur father is really in need of financial assisstenc he shud be given on moral ground.The matter shud be decided on amicable basis. U hv not mentioned any thing about ur real mother.Adv family court Mishra
Guest
(Expert) 24 July 2016
Mr. Vijjay,
There are many holes in your story. First of all even if he would have 10 accounts with the bank that does not provide any proof of regular income of your father.
Secondly, extra merital affair or no extra merital affair, you cannot debar him from maintenance, which you are liable to pay morally, as well as legally, unless you are able to prove sufficient regular income of your father to maintain himself.
In your story, I don't find any merit to contest your case. Even if you find any way to track his mobile network and produce to the court that his number is not in your home location at night and he is living in other location, what do you think to gain in contesting the case, irrspective of whether he lives with you or somewhere else?
So far as his extra marital affairs are concerned, even if that is true, that clearly denotes that he has been compelled to leave your house due to his utter neglect and frequent insult by your family in his old age for tender care. Otherwise, no oldy tries to leave his own family.
In fact, you have the dire need to review and rectify your family's attitude towards him than to contest the case.
Rest depends upon your own wisdom.
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