First you have to mention why your father not to support us in any way, may that be food, shelter or studies?
Its because of income? as you mention your father retired. What is his position? What course(study) are you doing ? Are you minor ?The reason is be expenses of study is too high and also running the daily expenseslike food electricity bill gas bills etc, .If you can start tuition classes or something else along with studies in order to help your family.
Yes, its true that even retirement father cannot escape from his liability i.e., maintenance.
First, advice him by your eldest member in your relatives ,if thereafter deny file 125 maintenance under criminal procedure code, 1973
ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
125. Order for maintenance of wives, children and parents. -
(1) If any person leaving sufficient means neglects or refuses to maintain-
(a) His wife, unable to maintain herself, or
(b) His legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) 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, or
(d) His father or mother, unable to maintain himself or herself,
A Magistrate of' the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct:
Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of' sufficient means.
Explanation: - For the purposes of this Chapter: -
(a) Minor means a person who, under the provisions of the Indian Majority Act, 1975 (9 of 1875) is deemed not to have attained his majority;
(2) Such allowance shall be payable front the date of the order, or, if so ordered, from the due of the application for maintenance.
(3) Person so ordered fails without sufficient cause to company with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for whole, or any part of each month’s allowance remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made;
Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the dare on which it became due:
Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.
