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
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 7 years ago in Family Law
Religion: Hindu
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6 Answers
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.
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.
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.
sir my parents decided to get divorce my father is state govt employee and i want an advocate in my locality guntur my question to you 1) can my mother seek monthly maintance because she is an house wife with no income for her she is now 49years can she seek maintance after my father retirement also sir with his pension ?and i am her son age 22 unemployed my sister is 19 still studying 2)my father says he wouldnot give money for his daughter marriage can my mother get her daughters marriage money if we go legally through court ?
Asked 7 years ago
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
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.