Maintenance to father
Raj
(Querist) 01 March 2013
This query is : Resolved
One of my relative( FATHER ) has filed the case u/s 125 CrPC against his married son who is earning more than 1 Lakh per month where as all the expenses ( Household, medical etc) has been borne by his father. (The sons' wife is also earning)
He has claimed amount of Rs 50,000/- p.m for maintenance..Application was admitted in family court and notices were issued to the son
The son now wants to settle the matter outside the court by fixed amount of Rs 18,000 P.m towards all his expenses and send letter to father that he is agreed to pay 18000 p.m
Whether family court can pass order to pay Rs 18,000 P.M on the basis of that letter?
or straight away dispose of the application without mentioning anthing on the amount of maintenance?
The relative father has apprehensions whether he will pay the amount in future or step back in paying the amount agreed..?
Is it advisable that his father should continue the trail??
Khaleel Ahmed Mohammed
(Expert) 01 March 2013
The son should file the counter before the court stating what he is ready to pay. The court will consider the matter and pass appropriate orders.
Raj Kumar Makkad
(Expert) 01 March 2013
The son should make a statement in writing before family court to that effect which shall be sufficient for the court to pass its order accordingly if the petitioner father is agreeing to that amount. There is even no need to file any counter reply by son in the given case.
prabhakar singh
(Expert) 01 March 2013
If father is ready and agree with 18k and son is served with notice of case then order is possible as ex parte otherwise son should attend court and compromise.
Unless the petition is got dismissed,no out of court compromise would be treated valid.
Raj
(Querist) 01 March 2013
Thanks expert members for advice..The son is not interested to appear before the court but has send the letter showing his willingness to pay 18 k and father has no objection if the son is ready to offer him the said amount
Whether father has to file any submission before the court?
In such case whether the proof of original letter is sufficient to pass order in the favor of father?
Raj Kumar Makkad
(Expert) 01 March 2013
Father can use that letter just for his evidence and he cannot get a decree on that basis unless his son gets ex-parte.
prabhakar singh
(Expert) 01 March 2013
You might have not needed to re ask ask it, had you read my opinion carefully.
Khaleel Ahmed Mohammed
(Expert) 01 March 2013
you should present before the court and state what you like, simply writing letters to the court is not sufficient to pass any order as you wished.Keep in mind that, honour the respect of the courts always.There is no procedure in the law to take consideration of the letter sent by the respondent, you are not above the law.
Devajyoti Barman
(Expert) 02 March 2013
The son can appoint nay of his relative or legal practitioner to file his consent letter on which basis the court may pass any order.
Mere sending by post would not bring desired result.
