In cri.miss 125, how to prove petitioner stays in our house

U&Ur brother both file for partition suit. Uengage advocate and continue suit prove that she has means.and widow pension &also prove that Ur father divorced her 20 yrs back.if no one comes to give evidence on behalf of u serve notice to the person who is giving rent from court that he could not refuse and he has to attend the court and to give evidence .

Originally posted by : Kumar Mysore
	My father and mother divorced 20 years ago and me and my brothers grew with my father, my father passed away 5 years back.. now my mother(62 years) filed a maintainance case against to us. she said that she is living in relative house & sons negleted. actually she is staying in our house only and getting rent 10000rs. it is a village there is no agreement to get a proof. How to prove this? and she is getting widow pension, senior citigen pension & have BPL card.how to prove this? she is taking care of daughter sons education, food & cloth etc... & also she is helping to her daughter from 20 years. she is well secured financially.me and my brothers strucgling to lead a life and i have married just 3 months back, my elder brother have 2 kids & another brother not married.please help me. Thanks in advance.

Your father and mother got divorced 20 years back.  And your father passed away 5 years back with whom your brothers were staying. And in all these 20 years your mother was staying with you.  

The story is unclear on why your father let her stay with you in this house, where was he staying for the last 15 years taking your brothers with him? Where was his divorced wife staying taking you with her for past 20 years is unclear.

You say that your fathers divorced wife has filed case claiming maintenance from you.  But who is you?  In what capacity has she claimed it?

You say she is geting widow pension etc which is no where connected to her claiming maintenance from her children (alleged).  Which is not illegal.

What is the opinion of your advocate and the opinion of your brothers.  How many daughters does your fathers divorced wife have? 

 

How are you connected to all this is quite unclear.

 

These points need to be cleared first from your end.

 

The above reply by some "fool" should at no cost be followed by you.

My father & mother had 4 children's, first one is daughter other 3 sons.daughter married on 1998 and my father & we 3 brothers came out from our house due to some strong reason on 2000. after we came out we started to stay at other house belongs to my father. daughter supported to her mother. my mother filed a cri.miss case against to my father it went up to high Court & court ordered to give 600₹ per Month. and same time her daughter filed an partition suit Against my father & we three brothers. after that my father filed a divorce case and got divorce. 5 years back my father passed away by heart attack.
now her daughter partition case in FDP.From 20 years we three brothers grew up with father. my mother staying in our house with grandson(daughter son).my mother didn't care about our food,cloth, education etc.. she has given many torture from 20 years.now she filed a Cr.Miss case against we three brothers. she said lie like staying in relative house & sons neglected me and asking 30000₹ for her maintainance to the court.she is getting more than 10000₹ rent & happily leaving in our house with grand son. she is helping to her daughter from 20 years and she is sponsoring to her grand son education from 1st standard to till now(2nd PUC). I am the 3rd son for my father & mother. my first brother married & have 2 kids. my 2nd elder brother is not married & working as a auto driver in Bangalore and from 5 years he is not contact with us & never come to our home because of her torture. I have studied B.E in automobile engineering & didn't get a proper job so working as a home & kitchen interior designer. recently just 3 months ago I have married. she(my mother) tried to cancelled my marriage by telling negatively about me & she got success to cancel two times after my marriage fixed. finally I have married with the help of frieds & their father's. she targeted to torture us because of revenge. 20 years back we are the main reason to exposed her bad characters & inform to my father and stand with him from 20 years.now we have many loans and all & very struggling to lead a life.
please suggest me how to get a success & how to prove all this.
thank you.
Kumar

Thanks Sir Advocate Prasanna,
she is more than Rakshashi, all our village people & neighbor village scolding her but she doesn't care.with help of son in law & her brothers she targeted to torture us and we complaint to police station many times,but police every time warned them & then become silent. 5 years ago when my father died she planned to disturd our father thithi program by throwing her slipper.but as per our villagers suggestions police arrested her & released her evening.
we don't know how to live with her torture. she is troubling us every way.we are living happily because of her torture. this is why I asked all advocate suggestions in this forum.
thank you all for your time & suggestions.

*we are not living happily because of her torture from 20 years.

The Code Of Criminal Procedure, 1973

125. Order for maintenance of wives, children and parents.

(1)(d)

The authority that issued BPL Card and disburses said pension(s) has complete record.

If the Lady pays by cheque or from Bank a/c, cash and signs the payment/FEE slip that is a record.

Hope you have the witnesses to appear and state that Lady stays in said house as in query and you can pray that you have not neglected to care for the Lady (your mother as in query) and Lady has adequate financial means is able to maintain herself and fulfill her needs as per status and standard of living.

Daughter is also liable to pay maintenance.

If daughter (as in query) is having constraints and her mother is helping her then there is nothing wrong in IT.

The court after assessing all submissions may decide that 3 sons and 1 daughter are to pay for maintenance of Lady or Lady has sufficient means to maintain her and committed any illegality, fraud, transgression. Once such act is established court shall decide the award for such act. Obtain certified copies from court.

 

You can submit your version/statements to court.

 Your own very able LOCAL counsel is to help you.

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Civil matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

 

 

In the meantime you may go thru;

Bombay High Court

Pandurang Bhaurao Dabhade vs Baburao Baburao Dabhade And Anr. on 18 April, 1979

Author: M Chandurkar

Bench: M Chandurkar, P Sawant

JUDGMENT M.N. Chandurkar, J.

Bombay High Court

Mahendrakumar S/O Ramrao Gaikwad vs Gulabbai And Ors. on 2 March, 2000

Equivalent citations: 2001 CriLJ 2111

Author: B Vagyani

Bench: B Vagyani

And pick up relevant points.

Thanks Advocate Kumar Doab,
my point is my mother is financially well settled & her daughter also well settled. mother filed Cr.miss 125 & her daughter filed partition against to us only to take revenge on us.because 20 years ago me & my elder brother are the main reason my father to Left her.we said some truth about her to the my father and also we stand with my father against to her from 20 years.my elder brother has given a statement in my father divorce case against to her for all these reasons she targeted to me & my brother to torture.
before she filed cri.miss case against my father it went up to high Court & ordered to give 600₹ only. that time she said residing at daughter house. in divorce case she said residing at husband house. now again she filed cri.miss 125 against to us she said residing in relative house. court cannot consider her lie by investigating?
she is torturing us from 20 years & we complained to police station many times.recently she cancelled my marriage two times by telling negatively about me to the girls parents. in 2000 & 2004 she & her son in law did murder attempt on me.I haven't complained on 2000 because of fear, but in 2004 I have complained police didn't take any action because they are very strong financially.
can I claim against to her cruel activities?
she did many torture from 20 years still court ask to pay?
how can I get justice for my pain had faced from 20 years?