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Abhineet Arora (-)     17 August 2011

Maintenance & defamation

Dear All,

My father earns around 1.5-2lakhs per month but he gives just 15000 as monthly maintenance, I am 22 years old, so i m not applicable for any maintenance, if m not wrong? 

As my parents live separately on mutual consent, my father doesnt know that even i m doing job though my salary is just 9000.

now the main question i want to ask is,

1) how much maintenance  is she eligible for

2)My father has been publically embarrising her in our society and accusing her with false allegations... can my mother file a defamation suit on him and also a restraing order as he has threatned me n my mom also that he will kill us and throw us out of the house and also we have filed an NC against him some 2 years back

So please tell me what to do 

thanks

Abhineet



Learning

 2 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     22 August 2011

In so far as Maintenance is concerned, she can get a meager amount only. any how, calculating your fathers income, and if it is proved by your mother, she can atleast get 30-45 K per month

1 Like

Parth Chandra (none)     23 August 2011

Some questions

1) Is the house in which you both (u and ur mom) living given by your father or is your mother's self aquired or mother's father's property?

2) When you go to court, you also have to declare that you are earnig so and so and judge may infer that since you are earning and living with her , you are also responsible for her maintenance.

3) This is a long process in which first you will have to proove your father's income and that your mother (alone) is not able to maintentain her expenses in 22000.

4) Your father may come up with a statement that he is not earning so and so and he has liabilities like loan, medical expenses etc. etc. so and so and that since you are a major son you are responsible for their well being.

5) If father is smart, he may also file a case of maintenance on you since you are a major and earning son.

6) Even after a long battle you may suceed to increase maintenance by 2-5 thousands but judgement may also order you to pay some part to your mother............in this case if you get married and your wife objects they you will be in a mess.

7) Listen don't though stones in peaceful waters, an amount of 22000 which he is giving may also get stopped since both of them are living separately without any domestic violence by MUTUAL CONSENT and crpc 125 doesn't provide any remedy to wife living separately by her own wish.

8) Again 22000 is more than enough as per my understanding in any city of india if you have your own home and you don't have medical expenses more than 10 k per month which is not there in you narration.

 

Finally, would advice you to consult your father gently and ask him for more money, if he agrees then fine otherwise by working hard and supporting your own mother you are not doing social work or charity !


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