• Maintance charges

My father left our family 13 Year back, left behind my mother, sister and me and took his mother with him. Me and my sister were studying at that time also he took all utensils and other material of house with him ,but my mother with help of our reletives survived and grew both of us. My mother was in job that time she took education loan for educating both of us. After 6 year my mother adjusted to marry my sister from his know i.e no support from my father . I am Employed and married now.

Now my father after 13 year are claiming for maintenance charges from me . Kindly guide
Asked 3 months ago in Family Law from Fathegarh, Punjab
Religion: Sikh
Since your father had himself left you in the lurch and abdicated his legal and moral duty to maintain you he cannot now claim maintenance from you. You can refuse to pay any maintenance to him. If he goes to court then you can contest his case fittingly in defence.
Ashish Davessar
Advocate, Jaipur
19555 Answers
506 Consultations
5.0 on 5.0
1. The parent can apply for maintenance from his son at any point of time.
2. Though you can state the injustice done to you for all these years for the purpose of gaining sympathy, you can not avoid providing maintenance to him.
3. Only way maintenance can be avoided is to show that he has independent source of income.
4. Otherwise you have no option but to pay him maintenance.
Devajyoti Barman
Advocate, Kolkata
6856 Answers
78 Consultations
4.9 on 5.0
Dear Concerned, 

Mention all the fact as provided in your notes in your written statement / reply to the petition of maintenance as filed by your father - or if not filed then do not react to his demands . 

In case a maintenance has been filed - your mother should give an affidavit that this man / i.e your father abandoned you 13 years back and has now re appeared just to harass and claim maintenance. His claims can not be considered by any court as he willingly abandoned you all. 

Best of Luck 
Atulay Nehra
Advocate, Noida
677 Answers
20 Consultations
4.7 on 5.0
you are bound to maintain your father 

2) your father can seek maintenance from you under provisions of maintenance of senior citrizen act 

3)in alternative  father  can seek maintenance  from you  under provisions of section 125 crpc 
Ajay Sethi
Advocate, Mumbai
27151 Answers
1471 Consultations
5.0 on 5.0
it is the moral obligation of the children	to maintain their parents  .Section 125 (1) (d) of Code of Criminal Procedure, 1973 is a provision in Indian Law whereby a Magistrate can order children to make a payment of monthly allowance as maintenance to their Parents (father or mother).

Father or mother must be unable to maintain himself or herself then children’s are oblige to maintain them. Fulfillment of parental obligation is not a pre-condition to claim maintenance.  Section 125(1)(d) has imposed a liability on both the son and the daughter to maintain their father or mother who is unable to maintain himself or herself.
Ajay N S
Advocate, Ernakulam
2019 Answers
23 Consultations
5.0 on 5.0
1. This is the fallacy of law that legally you are bound to maintain your father despite the fact that he had refused to maintain you.

2. However, you can contest his maintenance petition with all the evidence of the facts and draw the attention of the Court about the acts of your father who left you in lurch when you needed him most..
Krishna Kishore Ganguly
Advocate, Kolkata
13544 Answers
291 Consultations
5.0 on 5.0
Your father can claim maintenance form you.

There is no illegality in it but he has to seek maintenance from the other sister also if she is also employed.

However you can protest and reject his claim on the basis of merits in your side and can put forth your arguments accordingly. 
T Kalaiselvan
Advocate, Vellore
17291 Answers
165 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
17291 Answers
165 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
27151 Answers
1471 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13544 Answers
291 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19555 Answers
506 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6856 Answers
78 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3799 Answers
148 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
3146 Answers
47 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
969 Answers
69 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
2019 Answers
23 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1294 Answers
69 Consultations
5.0 on 5.0