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John Wick   19 September 2018

Section 125 by father

My father has been verbally, emotionally and physically extremely abusive towards me, my mother and my sister. He left us since 6 years when I did not even have a job and did not pay us a single rupee since then. Somehow I have been managing all 3 of us by doing jobs and borrowing from friends and family. I had a decent job. Although I am 30, I first got my married when she was 23. I am yet unmarried. All 3 of us have not kept any relation from my father. He has now sent me a notice using Section 125 asking for maintenance. He is 58. I do not wish to help him since he did not fulfill his responsibilities of taking care of us. He had, and still has, a good paying job, but always used to throw away the money in buying new cars and clothes only for himself. I had to wear his rejected clothes, even though it did not fit me. I have applied for my Canada PR and most likely will get it. If I leave for Canada on a PR, will I still be liable to pay him? If I do not go to court hearings, will the court pass ex-parte judgement in his favour even if I do not have a job right now and without any income? Will I have any issues with my passport later if I apply for my Canadian citizenship after 4-5 years?



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 2 Replies

Vijay Raj Mahajan (Advocate)     19 September 2018

You must defend the case filled by your father u/s125 CrPC for maintenance from you. He's only 58 years and seeking the maintenance from you whereas he had income throughout these years from which he was maintaining himself and avoiding or ignoring his family to maintain. He cannot be allowed to take advantage of law provided for aged parents for maintenance who have no source to maintain oneself and on compassionate grounds allowed maintenance from the children and not for parents having good enough income or source of income for their maintenance. Your case will be heard by the court and definitely ask your father to explain about his income and financial status for last so many years. Some greedy lawyer must have wrongly advised your father to file such case against you, you require some sensible and honest lawyer to defend the case properly on your behalf.

John Wick   19 September 2018

Thank you for your response Vijay Sir. Much appreciated. Because I am responsible for looking after my mother and sister, I am trying to move to Canada on PR for future growth. But I am afraid that if this case lingers, it will create trouble for me when I apply for citizenship 3-4 years from now. I am currently searching for a good lawyer in Ahmedabad who can fight the case in my absence. But the issue is I have already borrowed a lot of money for maintaining all 3 of us for the last 6 years and for my sister's wedding. The lawyer will ask for a lot of money. 

My primary concern is if this will affect me when I leave for Canada? And if the judge gives ex-parte judgement allowing X money monthly (which i would not be able to pay as I am unemployed), then they may cancel my passport and my dream of building a peaceful life for my mother away from all this would be ruined. Kindly suggest.


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