**reposting with additional details**
Hi,
Father who only played biological role in existence of his son now making use of senior citizen law to demanding maintenance. My grandmother looked after of me and my mother since my father had left us – he had an affair with another lady. I have been brought up by my mother and grandmother. My father and mother reunited with assistance from my mother’s family side. Since even my mother was working, my father was at home, doing some business which my grandmother invested-in for him. After my mother stopped working due to her health conditions at the age of 53, when my father still had his business, he started demanding money from me to maintain my mother. As a result, mother filed maintenance on my father. Court awarded her monthly maintenance of 2500. Case was withdrawn by my mother and father did pay her 2500 for six months. Soon after the withdrawal of the case, he stopped paying her maintenance and planned on selling the self-made 2BHK house. This is a self-made property and the property titles / agreement has both my parents name on it. This is an independed house and is not part of any society as such.
Since he started to harass her again and threatened to sell the house, she moved to court requesting for share in property. During the entire course of this partition suit, my father, never once attended to court. Preliminary decree was given confirming half share of my mother in the said property – this happened during November, 2016. At the same time my mother got diagnosed of cancer and as usual my father played no role in looking after of her.
At that I moved her to Bangalore and I took complete care of my mother till her death. I received the notice from my father demanding maintenance during October 2017. I moved my mother to her native when I realized she wouldn’t survive.
She lived with my younger sister as my father wouldn’t take her in. Her end time treatment continued till her death at native and I travelled to and fro, every week. She further struggled emotionally knowing I was going to court to attend the case. My father would come to court but not once came to see his dying wife. She passed-on on December 07 2017. In October 2017, she wrote a will for me, offering her undevided share in the property in my name. In that will she has also mentoined how my father has behaved with me all my life and how I am a self-made man.
During my first visit to court, 3rd week of october 2017, the honorable judge sent us for mediation. Even there, during mediation, I agreed to pay him 3000/-. Despite what my mother and I were going through, he denied to accept the initial offer and demanded at least 10000. He prepared a petition with all bogus allegations on me and mother.
Please don’t judge me – I have no intention of not paying him. I can share all reports of my mother’s and all available references for anyone here on this forum. I never denied to pay him. Just because I managed everything on my own, he has made all false allegations and harassing me. He never asked me any money. He just sends me a notice and claims he made a lot of efforts talking to me on looking after of him.
I am also aware of the maintenance act, have read through it completely. However, I still request for some guidance, please. Please respond to below points in specific – thanks in advance.
- Are daughters not liable to maintain her parents? My older sister is a government employee and extremely well off. I have read some of the orders by Supreme Court stating even daughters are liable to maintain parents and NOT just the son. Working children must maintain parents. Please share some of the cases from Supreme Court for reference to my lawyer.
- My father has a private firm and he has sufficient bank balance. For all the allegations he has made, he has simply submitted an affidavit as an evidence from his end. Should he not also furnish all his financial statements? Including property details? Should he not provide his income tax return, PAN and TIN etc? I do not see any reason whatsoever for him to hide all of this information from the court. Please elaborate more on this point with section details using which we could request the court to order him to source all necessary details.
- IF I have to submit my salary slip, why not father produce all his financial statements and records? What is the procedure? My salary slip is confidential too - can I then just submit an affidavit too?
- Despite my financially condition, when I offered 3000 in October 2017, he denied to accept it. And till date he is maintaining himself and rides a scooter to court and to roam about in the city. Does this not indicate he is capable of maintaining himself?
- If he is to say, he’s been living with his older daughter, then he could have rented the 2BHK court source some funds for self and his wife, isn’t it? If this is correct, how do we put this across to honorable judge?
- Will the judge not consider where / which city I live in, my expenses before awarding the amount of maintenance?
- IF daughter is not liable to maintain him / the father, then how is daughter-in-law liable? On what basis? He is demanding additional money stating even my wife is earning. Please elaborate.
- IF only the son is to look after of him, then no daughters should come demanding share in property after his death. Does this sound legally reasonable ask? Please elaborate
- How to rightly use the will? Please elaborate.
With due respect to each individual who reads this and willing to comment, please do not comment about my duties and dharma etc. as that would simply condescend and patronize me. As stated above already, “during the mediation, I have already agreed to pay him 3000.”
Once again thank you and god bless.
