| Originally posted by : Ankur |
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Hi Sir,
Can anyone suggest us as i am under dilemma for my lawful rights being son of parents from whom i was deprived of all benefits generally children gets during their childhood and young age.
My father who is now age of 73, has filed his divorced petition in court in the year of 2004 now last month court has decided her monthly compensation for Rs 4000/-. My father is retired central governemnt pensioner. My father has own earned one property in which my mother is residing by default as dad left the home due to her traumic behavior and started living with us.
Now court has given order to give her monthy four thousand ruppess and also added line that she can claim monthly maintenance from their sons as well as they earn too.
So my questions are as following,
can my father sell his owned property by his will or my mother can take objection, even if we are ready to provide other home on rent with liability to pay rent on time.
can my mother claim maintenance amount from us also since my father is also paying very same moment maintenance to her. Since we are not connected to her since last 15 years and we didnot talk even to each other. Is there any legal way to come out from this, as i am going through financial crunch and being 35 i am not still married, i have my own expenses. My mother made our life hell and now she is living in our property and we are living on rent. every expenses is coming to our shoulder and she is enjoying all benefits inspite of her reckless behaviour who spoiled our entire life. Please advise me what to do. Legally to avoid such scenario.
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As your 73 year old dad fights for getting divorce. Salman Khan is released from jail on bail with bond of 50000 rupees. Your dad should pay 4000 rupees per month to his wife. If he fails court will see for 3 years tops, then it will issue warrant.--à then execution petition asking attachment of property. No question of house being handed over to his wife. His wife already staying in the same house. Your 73 year old dad will be put in jail for non payment of alimony. He will not get bail like salman. he perhaps will die in jail only. Your mom can ask maintenance from you children. You cant avoid. You will have to pay. If you fail. Warrant issue. Jail. No bail. Both dad and children can be in same barack if you adjust angrejj ke jamane ka jailor asrani.
Only one advantage for your dad is that his pension cannot be touched by court. However as he has wife he has to maintain her if she is unable to maintain herself. His property itself is sufficient to maintain her. Rest his wife can get from children through court.
Your father can sell the property. No problem. But you should find the right person who can buy the headache property and throw his wife out. Who will buy a property where owner wife is staying? Thing is property can be sold. No bar for it as per law. If your dad can accommodate his wife elsewhere, it is good thing. But are you sure you can make her move out of that house? Your dad himself ran away from that house due to torture of his wife. Try to negotiate this topic with his wife.
You are 35 and still not married? Better keep it that way. This is not the time to get married. You are almost 15 years late for marriage. At 73 your dad filed divorce. You will file for divorce or commit murder and go to jail at 40 if you marry, such is the type of girls available on tinder today.
My suggestion is. Let your dads wife stay wherever she is. Let your dad pay alimony to her. If his wife contested divorce, the case will go on for another 20 years. By that time he will be 95. Your mother too will be 90. Let things be the way they are. If selling the house is the only problem here. Find good buyer who can buy the house along with headache. Or try to ask dads wife to move to rented accommodation where you pay the rent in time each month or take a house for lease and give it to her. These are the only options. Last but not the least. Don’t get married. Don’t spoil your life, learn from your parents.
