• My father is threatening my mom who's heart patient with a notice

Hi,  my father just took VRS and he doesn't want to give us the money. So he has sent us a notice. My mom had bypass surgery in  2014. He has been abusing and mistreating her whole life. 

He has asked us the details of the 10 lakhs he had received for gratuity. The cheque had been deposited in joint account he shares with me his elder daughter. Now he has received 14 lakhs  and he doesnt want to give it to us. My mother has no one in her family except us and he had beaten us last year we have that N.C with us. Also his payslips where for a year his salary was 0. 

Legally how do I revert to the notice, and can my mother put a maintenance  case on him. Please help and also let us the know the cost for it.
Asked 8 months ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
Hi, you can reply to the legal notice through the advocate and also it is the duty of the husband to maintain his wife and children so your mother can file a petition under section 125 of the Criminal Procedure Code for maintenance.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hi,
Your mother can file a suit for domestic violence along with Maintenance. You have not mentioned the matter of notice, is it from some lawyer? Contact a local lawyer. 
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
1) your mother can file complaint under Dv act against her husband and seek protection order

2) she can also seek maintenance from her husband , right to stay in matrimonial home , compensation for mental torture undergone by her 
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
Hello,
1) Your mother can certainly file a case under provisions of Protection of Women against Domestic Violence Act 2005 and seek maintenance from father, protection against torture/atrocities and house either shared or independent.

2) If you are an adult your father is not liable to maintain you, however your mother has all rights to protection and maintenance.

3) You need to send a reply through a lawyer if the notice was a legal notice explaining how the money was spent. 

4) Unfortunately you can not make direct claim on the money he received, except that your mother needs to approach the court through a DV case to compel him to pay.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
What exactly is written in the legal notice? Your mother can definitely claim maintenance from him and also file Domestic Violence case against him.


Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0
Legally how do I revert to the notice, and can my mother put a maintenance  case on him. Please help and also let us the know the cost for it.

Your mother can file a maintenance case against him seeking maintenance amount to sustain her live and basic necessities of life including residence and clothing etc. 
What type of notice or what are the contents of notice? you could have given brief details of the notice to give a proper opinion to your question. 
However you can give reply yourself to the notice received. 
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
1) contact a lawyer and reply to legal notice 

2) deny allegations made in notice and place on record torture undergone by your mother 

3) legal fees vary

4) accept money given by father 
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
Why should your father ask your mother about the details of money he received from his terminal benefits?
Your mother should give a reply to his notice denying all his allegations and should in turn ask rather demand from him the money for her maintenance and expenses for her medical treatment etc. 
If he is giving the amount. let she accept it and demand more.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
1. Your mother is at liberty to file a case for maintenance against him to get the required amount of financial assistance. The cost will be the fee of your lawyer and nothing more. 

2. Reply to the notice through your lawyer. You can deny the allegations which are false. It is for you to take a call on the amount he has offered to you.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
You will have to approch an advocate to-answer the legal notice sent by your father. Though the legal notice gives you ten days to reply but it is okay if its delayed. Deny all the allegations levelled against your mother. 

If he is agreeing to give 2 lacs atleast take that and then allege to be not adequate for you all. 

Meanwhile file for maintenance in the family court. 


Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0

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