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 in Family Law from Fathegarh, Punjab
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.
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.
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
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
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.
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..
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.