maintainence for a son

HI,

my father cheated my mother and secretly married one nepali lady and we were seperated for 12 years.for the initial 4 years he never turnd up or bore our expenses.later on due to my maternal family pressures he started payin,bt almost 1 and a half year ago my mother filed a case in alipore judges court in kolkata for maintainence because he stopped sending money.though he is having a well set business in kolkata,delhi,mumbai,kandla,kathmandu and abroad, he is showing that he is having a bad time and is unable to fetch bread and butter for himself. though we proved in front of the court regarding his sound financial position,still the decision went to his favor.on january 2011, the judge passed his decision that my father will bear the cost of my mother and my younger brothr only. just because i completed 18 on october, i am denied of the maintainence.i just gave my boards.now what will i do. i cant even pursue for a higher education(B.Com).over that i am an asthama patient since childhood.please suggest.

You may be entitled to get maintenance as provided under Sec 125 (1) (c), if you can prove that you are "by reason of physical or mental abnormality or injury unable to maintain your self"

U must search one ruling of Punjab & Haryana high court where court decided that an MBBS student shall entitled maintenance & expenses of his study from his father.  

thanx a lot for the suggestion sir..............but i am unable to find the particular ruling you hv mentioned.....sir could you please, kindly help me to find it more precisely.........i am really thankful for your kind response.............am looking forward for your reply..........

thank you.

manish

thanks a lot for your kind responce sir..........will asthama be treated as a physical abnormality???i will be waiting for your reply sir...

thank you

manish

@ Author

I differ to opinions of both above ld. Advocates on simple grounds of interpretation of Laws that is "if legislature didn’t think of Amending such anomalies under family Law and or had the foresight under Family Law specially maintenance related then ld. Judges of various Courts are not required to interpret law as they may think and no Judges shall say ‘I think’ but simply interpret Law as laid by legislation for larger public interest is Rule made absolute"


I am aware the above revelation may not be in sync with your current briefs and may not be liked by these two ld. Advocates but even Hon'ble SC especially its full Constitution Bench Judgment of Lordships have said as above so I am not at remorseful end if I take liberty and quote full Bench Lordships so for as knowledge sharing to these two ld. Advocates whose views I donot approve of when Hon'ble SC which is Court of Records guide you so and or is concerned. 

Hi Manish,

Sorry to hear abt your trouble,

What case has your mother filed against your father? In 2006 Hon'ble Supreme Court had passed an order in a case Rita Dutta vs Subhendu Dutta VI (2005) SLT 235 SC in which both the major children were granted maintainence for their per month livelihood expenses as well as their education.

Law and cases are not to be fought on judgements, law is based upon wisdom, righteousness and justness. If these things lack then it is a bad law. What does the common sense and moral responsibility say? There is no adverse law anywhere to my knowledge which says that the parents can throw away their responsibility if the children become major. Your lawyer should be good enough to explain this natural fact to the court. My thinking finds space in the judgment by the Supreme Court. So you can add teeth to your arguments. Now this judgment was in Sec24 Hindu Marraige Act case arising out of a Divorce Petition. You can use Sec 26 Hindu Marraige Ac or DV Act. Use the judgment.

Lastly, you must be good enough to resonate the justness and righteousness within the parameters of the law.

Regards,

Your illness will come in ur per month livelihood expenses, if you r not going to live then how will u ask for maintainence, to live u need food, medical etc, similarly for ur education not only fees is needed but other applicable stationry is needed, Lastly if u can collect proof of the marraige between ur father and the lady u can move a private complaint in Court u/s IPC 494 for bigamy prosecution.

hello sir,

thanks a lot sir....for your kind help to me........my mother had filled 125 code of criminal and a maintainence case....though my father has accepted in front of the court that he has married that lady and has a female child through her......my mother made every attempts to prove that he is guilty for each and every  things that he hd done.......she produced each and every document regardind my medical document.....our school documents,,,,,,even his offices situated at diffent corners of the country and showing that he is financially stable,to which my father was a bit surprised and moreover he himself had confessed to me over the phone that he is showing that he is financially unstabe just because his lawyer had suggested so. moreover my fathers lawyer came up with the point that since i am 18 thats why no maintainence cost for me.and they are upto proving that my mother has a saree business...,,,though they couldnt prove it and the truth is that she is just a house wife and dosent own any such business.my father could not prove anything he claimed.....our lawyer caught hold of him when he brought with him an income statement made by his C.A friend and he confessed it infront of the court.

our lawyer had made every possible efforts stating that he being a father ,,,how could he just run away from his duties....our lawyer convinced the judge sayin that is it so that a father can leave his child just because he is 18??.........and many more......but i dont know wat was in the judges head that he turned the decision in my fathers favour...

and that is why my mother filed a motion for increment in the higher court..........

so please suggest what should my maother do next........as there is noone to help or suggest us in such legal matters....

once again thanks a lot sir for your kind support.......looking forward for your kind suggestion.

manish

Hello Manish,

When you say your father has accepted in court that he has married another lady, is it written or is it oral?? If it is just oral you need to ask your lawyer to have it cleverly written down in the court order sheet or it is to be declared in written by your father. Tell ur father if he can write down such an expense of his then only we can know his expenditure. This is a clever and shrewd work which your lawyer should know how to get it done bcause this is BIG JACKPOT for you. How you can use it later I wil tell you.

Meanwhile I think you did not take the pain to read the judgement I told you about. You would not have written such a big para of confusion in your head.(sorry for being blunt to you). Now If the trial court has rejected, go to appeal in District or High Court. You have 90 days to file appeal. Condonation of delay can be done however you should have good solid reason for the Higher Court to condone your delay.

Now please read this judgment, it should clear your doubts, dont feel helpless, get strength, you need to take care of ur mother and urself. Give it to your lawyer, it is enough to knock the opposite party.
Please dont post a query for me without reading the judgement.

Tx & Rgds,

You have posted a good judgement , Mr. Jayesh Kumar. Hope it would give confidence to Manish to prepare his arguments. 

Manish, wish you  the very best....

hello sir......,

thanks a lot,because your support has given me lots of confidence that i can pursue my studies.well actually i had sent you the reply first and then had searched for the case of mrs rita and mr subhendu...it is a great help from your side sir.thank you for standing beside me.my lawyer also had mentioned that he had heard of such a case earlier and has to search for it...but your help was something i never expected. and now i have a supportive document.

my father has accepted in the court paper that he had married that lady but the only thing he denied is that , that lady is no more residing with him and has left her daughter with him,,which is completly false..and my mother has already filed a case in the higher court and the hearing is yet to be announced.so i have lots of time to get all these conversation between us, actually being read by my lawyer. and i hope he will respond well after reading all this.

once again thanks a lot sir...and please pass me useful suggestions.i will be waiting for them eagerly.

manish

hello maam,

thanks a lot for veiwing my profile

manish