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cvkrishnamanoj   14 February 2016

Claiming maintenance

1) I am a 29 year old.

2) Since 2012, my father(Central Govt. retiree) started living separately from my mother and me.

3) He lives in the first floor of the house which is his own and constructed by him. My mother and me are living in the ground floor of the same house. 

4) He does not pay any maintenance to my mother(I am looking after her), although he has left behind few household articles(sofa, fans, beds,stove) & appliances bought by him like fridge, washing machine etc in the ground floor itself which he uses frequently and goes back to the first floor.

5) Although abandoned without maintenance, since my mother is i) "taking shelter" in my father's house ii) using some of his things iii) and also being looked after by me -  does this deny her the claim to maintenance from husband?

6) If maintenance is granted then can it be claimed retrospectively(i.e since 2012)?

7) after having abandoned my mother, he keeps inviting his siblings and mother to stay with him occasionally in the first floor. Instead of uniting him with his wife, they seem to abet or connive at my father's estrangement. This is causing anguish to my mother adding to the one already caused by him previously through a couple of physical attacks, conditions like "don't meet your sister" and verbal abuse like "you sleep with your jijaji" etc. Does it constitute Domestic Violence?

 

 

 



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 2 Replies

Laxmi Kant Joshi (Advocate )     14 February 2016

Yes all these words covers in the domestic violence , your mother can file dv case on him and asks for maintenance from him in the court .

Sidharth   14 February 2016

Agreed with Mr Joshi


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