• My father keeps borrowing money

My father is an state govt employee his age is around 58 he is going to get retired in 2 years my father mindset is not proper my father keeps borrowing money always from others and show to us 4-5lakhs borowings a year he never answer us what he does with that money and my mother only feeds us by taking money from her mother we get his salary monthly 15000rs actually his salary is around 56000rs remaining amount he gives as interest where he borrows money we have a property with his name before he sold it and given money to all lenders with interest and again he borrows money and i and my mom have a property he is trying to take away this too my father is showing us around 8lakhs borrowings and we are seeing marriage to our sister my father gets retirement in 2018 he gets retirement money and he is trying to divert that money to lenders where he borrowed can we have this type of particular problem a solution we want his retirement money to make our sister marriage but he is not taking care of us from my childhood my mother side adjust us for fee in school and colleges  please reply to me sir
Asked 1 month ago in Family Law from Hyderabad, Andhra Pradesh
Religion: Hindu
1) your mother and sister should file complaint under section 125 cr PC and seek maintenance from your father 

2) father is bound to maintain his wife and children 

3) father has to provide for his daughter marriage expenses 
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
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Management of family is an art. Some peoples borrowed lot and spent for unwanted items.Communicate your anxiety directly to father.

A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.So your mother can file a petition for maintenance before family court. If you are not major the you can also join that petition . Maintenance is not merely a legal right. It is part and parcel of basic human right. For weaker sections, it is a problem in the sense that their very survival rest on the maintenance. The object behind the provision is two-fold: firstly, to prevent vagrancy resulting from stained relation between the husband and wife, and secondly, to ensure that the indigent litigating spouse is not handicapped in defending or prosecuting the case due to want of money.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
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The solution lies only in the hands of your father who has to give up his borrowing spree. None of his heirs is liable for his debts. There is nothing any court can do in this.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
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Your father can do anything with his money he cannot be prevented from spending all his money to give away to the lenders.
The repayment of loan is also his burden
The liability of all his personal loan shall not fall on your shoulders.
Legally you cannot do anything to stop this menace.
T Kalaiselvan
Advocate, Vellore
13914 Answers
127 Consultations
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mother can seek monthly maintenanceas she is house wife 

2) from father pension court can award her maintenance 

3) father is bound to maintain his wife and un married daughter 

4) you are an adult father is not bound to maintain you after you have completed your studies 

5) father is bound to pay for daughters marriage 
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
1. Your mother is eligible for maintenance, she can claim the same from your father through court.



2.  This may not be possible, but he has to maintain his unmarried daughter till the time she is getting married. 
T Kalaiselvan
Advocate, Vellore
13914 Answers
127 Consultations
5.0 on 5.0

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