• Hindu unmarried major daughter need maintenance

I am 24 and my father is unwell but is earnings 1.2 lakhs a month.due to his illness and my mother's bad behaviour no servant willing to work here.so she has made a maid out of me.i am capable of joining work but she has made me loose precious amount of time by make me work here.i even have found a help but she misbehaves with him also and now he will also leave .she doesn't want to give any food or any kind of monetary help.only wants us to work day and night hungry.if we sit or rest she starts fighting.i have a younger brother and she loves him very much .she gives him all the money and feeds him well.she even has made lots of investment in his name and made him nominee everywhere.she has very cunningly not allowed me to get work to support myself and I see she will soon kick me out from the house.she also says no need to stay here.due to my dad's illness he is quiet and doesn't know what she is doing.please help me.i want to leave from here work on my own.i don't want to exploited any more.here behaviour is becoming very hostile day by day.she gives me one chapati sometimes and doesn't even want to pay for my sanitary needs even.i am like a poverty stricken child of a rich parent.can I get her to disown me.i need maintenance also.till I am able to support myself.she is very cunning if I agree to monthly maintenance slowly she will stop giving or might even give and make excuses and take it all back.
Asked 2 years ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

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11 Answers

File an application under section 125 cr pc and seek maintenance from your father

2) your father is bound to meet your expenses till you start working

3) also he is bound to meet your marriage expenses

Ajay Sethi
Advocate, Mumbai
78416 Answers
4703 Consultations

5.0 on 5.0

Firstly lodge a complaint of harassment and hurt caused to you by your mother. Thereafter lodge a petition under section 125 crpc with magistrate seeking maintenance from your father. As per law even a unmarried daughter has right to claim maintenance. And file for interim maintenance too.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

As you are unmarried you may claim maintenance under section 125 of CrPC from your father and he is bound to give you maintenance as decided by the court in this regard and you may stay on your own.

Vimlesh Prasad Mishra
Advocate, Lucknow
6754 Answers
23 Consultations

4.9 on 5.0

Hello,

I am really sorry for your mother who has made your life miserable and I will try my best to get you out of this mess with the legal acumen and power supporting me. There are several legal options you have. You can immediately go to the nearest police or even online file FIR for mental torture and cruelty. Pursuantly, you can file a petition for settlement of family property. Now, a girl also has right in the family property so you must proceed this with legal manner and claim your rights.

Lets talk more.

Thank you

Avish Sharma
Advocate, New Delhi
13 Answers

5.0 on 5.0

Hello

An unmarried daughter can demand and the court will grant maintenance if it is proved that the daughter is unable to support herself. An application has to be moved in the district court for maintenance. Once you start earning.....you will have to forego he maintenance allowance.

Regards

Rahul Mishra
Advocate, Lucknow
10997 Answers
19 Consultations

5.0 on 5.0

There are two things that I would advice you to do immediately.

1. Lodge a complaint of domestic violence under the Domestic Violence Act, against your mother.

This will force the police to investigate and might persuade your mother to start taking care of you.

2. Write off a letter to the National Commission for Women, Delhi narrating your entire ordeal. The Commission will look into the matter and counsel both you and your mother. They will also force the police to investigate and take action if it is not. Your mother will be forced to look after you or let you do what you want to if you take this measure.

The address is: National Commission for Women, Plot No. 21, FC 33, Jasola Institutional Area, New Delhi - 110025.

Both the above are cost effective measures and will not cost you a penny. Also, it will help you in the future if you have any further complaints. Going to court for maintenance might not be fruitful since you are above 18 and capable of earning for yourself.

Apart from the above, if you do not want such a legal recourse, I would suggest that if possible, look for a good job and move out. Your mother cannot stop you from living your dreams.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

The Bombay High Court, in Agnes Lily Irudaya v Irudaya Kani Arsan, has held that the unmarried daughter though the attained majority is entitled to claim maintenance from the father. In this case, the mother had approached the family court claiming maintenance from her husband for daughter who had turned major but IS unmarried, for meeting her educational expenses. The family court dismissed her application on the ground that maintenance can be granted to minor children only and the major

daughter cannot claim maintenance through her mother. This order was assailed before the high court...

Mohammed Mujeeb
Advocate, Hyderabad
18343 Answers
11 Consultations

4.5 on 5.0

Mam citing you case and facts along with the some evidence of same you can file a 125 crpc maintenance case against your parents and can ask for maintenance and further you can get out of that house and can start working. Cite before court that mother ill treats and treat son and daughter differently no proper food is given and you are asked to work like maid.

The court in few cases has given maintenance to major children.

Further if there is chance and it can be settled better ask help from father settle outside and then start earning by joining job.

Shubham Jhajharia
Advocate, Ahmedabad
25462 Answers
110 Consultations

5.0 on 5.0

This is my response to you:

1. You can file a formal complaint to the childline helpline number on 1098: http://www.childlineindia.org.in/1098/faqs.htm

2. It takes up cases of children below the age of 25 years;

3. You can complain to the police station under IPC;

4. Before you take legal steps you can also approach your extended family for support;

5. As a method of last resort approach civil court and file your complaint;

6. Also claim maintenance from your mother till you are self-earning.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hello,

The facts as told by you are not very clear.

Please tell me, as to what is your status?

and what relief do you seek?

are you an unmarried major daughter?

Regards

Anilesh Tewari
Advocate, New Delhi
17839 Answers
309 Consultations

5.0 on 5.0

Since you are unmarried and have no source of income you can very well claim maintenance from your parents.

You may contact a local lawyer and file a maintenance case agaisnt them.

You must produce the evidence of their income in order to get maintenance

T Kalaiselvan
Advocate, Vellore
68438 Answers
918 Consultations

5.0 on 5.0

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