Cheated after divorce

Originally posted by : Venkat
	Hi I require ADVICE A Man took Mutual divorce and left his son with wife (with no Maintenance) He again got married and gave birth to son and gave all the property to his 2nd son. Now his first son age 20yrs and 3rd year in engineering college. Is there any chances to get any money or property for his further studies.  She did not file any case as she was told she will be given property share to her son. But today they cheated her without giving maintenance and expenses for son studies. Please advice  Next step How much time it takes she cannot pay big fees to lawyers Any chance she get justice

 

Considering the given facts, son is not liable to get any maintenance.

 

https://www.facebook.com/RockySmith4Calcutta

The Gujarat High Court ruled last year that a son, if he's of age of majority, will not be entitled to maintenance by his father u/s 125 CrPC. Please note, the son as father's first-class heir would be entitled to a share in his ancestral property (if the father has any.) If that's the case here, the first son can file a petition in the civil court for his share in such property.

However, the first son has no such claim upon father's self-acquired property (property purchased by the father solely through his own funds/efforts during the life-time of his son/daughter.) The father can deal with his own self-acquired as he pleases. So if the father gave all of his self-acquired property to his second son, the first son cannot object.

Originally posted by : Rocky Smith
	Originally posted by : Venkat Hi I require ADVICE A Man took Mutual divorce and left his son with wife (with no Maintenance) He again got married and gave birth to son and gave all the property to his 2nd son. Now his first son age 20yrs and 3rd year in engineering college. Is there any chances to get any money or property for his further studies.  She did not file any case as she was told she will be given property share to her son. But today they cheated her without giving maintenance and expenses for son studies. Please advice  Next step How much time it takes she cannot pay big fees to lawyers Any chance she get justice   Considering the given facts, son is not liable to get any maintenance.   https://www.facebook.com/RockySmith4Calcutta

Wrong advice.  Have you studied Law? You just appear to have done some browsing over the internet.

Originally posted by : Raveena Kataria
	The Gujarat High Court ruled last year that a son, if he's of age of majority, will not be entitled to maintenance by his father u/s 125 CrPC. Please note, the son as father's first-class heir would be entitled to a share in his ancestral property (if the father has any.) If that's the case here, the first son can file a petition in the civil court for his share in such property. However, the first son has no such claim upon father's self-acquired property (property purchased by the father solely through his own funds/efforts during the life-time of his son/daughter.) The father can deal with his own self-acquired as he pleases. So if the father gave all of his self-acquired property to his second son, the first son cannot object.

Wrong advice.  Have you studied Law? You just appear to have done some browsing over the internet.

Daughter/Son can claim maintenance even if he has crossed 18 years of age.  Wrong advice by wrong people.  Dont fall for these kind of crooks who think that they are saviours.

These kind of people need to be behind bars for giving wrong advice.

This forum should be held guilty for letting such quacks reply to genuine problems of people of the country.

Originally posted by : Advocate Ram Babu
	Daughter/Son can claim maintenance even if he has crossed 18 years of age.  Wrong advice by wrong people.  Dont fall for these kind of crooks who think that they are saviours. These kind of people need to be behind bars for giving wrong advice. This forum should be held guilty for letting such quacks reply to genuine problems of people of the country.

Please read CrPC 125 from the link below carefully as I think you don't have proper knowledge of law. Please check " minor" means here. 

Also please be polite while post. Please check rules of this forum. I am going to raise this concern to admin.  

https://indiankanoon.org/doc/1056396/

 

https://www.facebook.com/RockySmith4Calcutta

Originally posted by : Advocate Ram Babu
	These kind of people need to be behind bars for giving wrong advice.

 

Hi! I'm so sorry, but I truly don't understand what I may have done to offend you. Everything that I've said in the answer is supported by fact. Please note, both son and daughter are entitled to maintenance by father u/s 125(b) of CrPC as minors.

Section 125(c) of the CrPC clearly lays down that a father is supposed to provide maintenance to: "..his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself," which again, doesn't apply in this case.

It's true that in some cases sons of age of majority are awarded with maintenance, but it depends on the separate facts and circumstances of each case, and is based wholly upon the discretion of the court.

Please feel free to correct someone if you feel they may be wrong, like I just corrected you. If you see half information, you can extend upon it. Hurling plain accusations and hurtful comments shall only work to reduce the forum's morale which we should try and keep high instead! :) 

Agree. This is an open forum, not the experts section, so no claim by anyone that they are lawyers. Constitution made freedom of speech a fundamental right. Unless it is abusive, derogatory or abusive, anyone has a right to advise, be it from law books or browsing the internet. There is neither a guarantee nor a burden on anyone that the advise is "correct".

Even I wanted to put in something but you guys covered it all. Now I feel so left out. 

We hope this forum by Lawyers. So please require Licenced Lawyers to advice and reply.  Thank you

Please use the experts section. This forum is for open legal discussions.

I do not know whether Raveena Kataria is an advocate or not.  But her answers are apt to this query.  She also very astutely replied in some cases, even major sons and daughters got the maintenance from their fathers, who got MCD.  Because there are special circumstances and where courts indulged to exercise their discretionary power.  In this case, if such circumstances are there, you can try your luck.

You always try your luck and you may spend lot of money instead of gaining anything as no discretionary power (Example Article 226 certiorari) is beyond the Indian law / constitution. ​