CrPC 125 maintenance to parents - special considerations
My father has filed suit for maintenance in family court for Rs.20000/month and Rs.30000 litigation expense.
I have 1 sibling elder, is a manager in a reputed MNC, but in league with father and is claiming bankruptcy. They all live in my grandparent's house.
He was operated few years back and was fine after that as far as I know, I had contributed a sizable amount of money towards this, rest was borne by my mother.
He still claims medical expenses from it from Top Tier hospitals.
Mother passed away last year due to deteriorating health after joining him after 25 yrs of legal seperation.
Seperation was because she lost her senses after finding him blowing his income at brothels and tried to kill him.
He doesn't get her pension.
I was abandoned as a child, I was raised by my relatives till date. Zero contribution from mother, father or any siblings ever.
I am an engineer earn around 1 lac per month.
I have expenses too that may consume me completely in near future.
Also, I have bad health (physical and mental) due to lifetime of depression from abuses and insults from father and society.
How can I get this case quashed or reduced. I know this suit is morally incorrect, but CrPC125 seems very blind.
Asked 2 years ago in Family Law from Bangalore, Karnataka
1) you are bound to maintain your father if he does not have any means of support
2) if your sister is working in reputed MNC and drawing decent salary she should also contribute equally to father maintenance
3) court may award Rs 10000 as maintenance
4) you should also highlight fact that your father is staying in grand father house and does not have to pay any society outgoings or maintenance for the house
Hi, you have to engage the advocate and contest the case on merits after filing objection to the main petition and if the court has award for maintenance of xxx amount then you have to file an appeal before the appellate court.
2. At this stage you can't quash the complaint, though you may file a petition before the High court for quashing the complaint but it will not help you.
1. Sorry friend you can't avoid paying maintenance of your father. It's the discretion of parents whom to seek maintenance and which children is to be left out.
2. However you can at the time of hearing show your expenses which the court is bound to consider.
3. Settle amicably. It's shaming to contest against one's own parent.
You have not stated the father's economic status.
Assuming he has no independent income nor he is able to maintain himself without any financial source of income, his children who are well employed and earning handsomely are liable to maintain him or pay monthly maintenance amount to him for his sustenance.
Therefore in your counter to his petition, you may give the details of your sibling who is also employed and earning good salary and may submit before court that your father intentionally avoided impleading his name as respondent for the reasons known to him, hence he is also liable to pay maintenance amount.
If your father is not having income to sustain, his children are liable to maintain him.
1. Thanks for the replies, now I feel responsible to maintain him but, his terms are exorbitent.
2. The suit i feel arose because I refused to get involved in a property dispute and refused to payout to other legal heirs to settle dispute.
3. Can a medical expence of Rs.20K month after month be held valid?
4. My sibling who he stays with is planning to invest in realestate? Is it legal to do whatever he wants with maintenance claimed for xyz reason? For instance contribute to sibling's EMI?
Asked 2 years ago
1) you need supporting bills to claim Rs 20,000 as medical expenses .
2) your father is not suffering from nay serious illness wherein he would incur Rs 20,000 as medical expenses
3) maintenance amount received by your father can be spent partly in paying siblings EMI
The problem before you is to face or challenge the maintenance case filed by your father seeking monthly maintenance from you. In the counter and challenge you can always claim that the another brother (son) is equally responsible for your father's maintenance hence he may be made jointly liable on this subject tough your father is trying to protect or shield him for the domestic reasons because of the reasons that he is residing with him under his maintenance hence afraid of losing the patronage or for some other reasons best known to our father.
You can adopt the strategy of expressing your willingness to take care and maintain your father provided he is willing to reside with you in your house or that you will be able to pay him only a paltry amount for his sustenance owing to the pressing and compelling financial critical circumstances at your end which includes your EMI and health care expenses.
There are plenty of ways to avoid paying maintenance but there is only one way to pay maintenance is to admit it.