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sanna (n/a)     21 January 2008

Dad harassing for money..! plz. advice

Dear Sir,
 
 
My husband's father (age 62 now)is harrassing us by frequently calling us for money. The history is, he has been a drunkard all his life. He never worked. My husband did his schooling, graduation by asking money from his friends & taking loans part of which he used to give to his dad. His dad would use it to fulfil household needs and the rest would go in his drinks. He has been hospitalized also 2-3 times for his liver being in bad condition. All this has been paid by my husband. Last year we were fed up of his drinking habit and abusing me and told him to go and live with his brother in kerala since I didnt feel safe with him. His brother is a big criminal lawyer in kerala since years. His brother was demanding more than 10,000/- maintenence per month from us or else threatens us with filing a court case and abuses us. Last year we paid him 2000/- per month. Now he wants increase the money. So we sent him 3500/- but he refused to accept the DD and says he'll file a case in kerala.
 
My questions :-
1. Can he file a case in kerela since we live in hyderabad?
2. We have receipts of all our payments made to him since 1999 and his hospitalizations. What happens in such cases ? what verdict/maintenance amount does the court give ?
3. Is the law completely against us ? What should we do ?
 
 
thanks & regards,
sanna


Learning

 5 Replies

Prakash Yedhula (Lawyer)     21 January 2008

Your husband's brother cannot file a suit for maintenance for his father in the first instance. Even in case, your father in law chooses to file a petition for maintenance in Kerala where he is presently residing, the amount being sent by you is fairly reasonable and hence it would not be a problem.

The problem is more moral than legal. Try to convince your father in law and send him to some de-addiction centre.

sanna (n/a)     22 January 2008

Thanks a lot for your advice. It greatly helps.

Could you also let us know, what % of my husband's earning are we liable to pay to my father-in-law ?

Is it allowed to file a case in Kerela, since we stay in hyderabad ?

 

thanks & regards,

sanna

SANJAY DIXIT (Advocate)     22 January 2008

A max. of 33% of ur huband's earnings u may have to pay.
Secondly ur father in law is not allowed to file a case for maintenance in Kerla. The only place for such purpose should be Hyderabad.

sanna (n/a)     22 January 2008

Thank you so much. It really helps.

 

regards,

sanna

anupam_advocate (n/a)     14 February 2008

thanx sanjay for help to sanna

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