Father not providing any maintenance to me and my mother, what to do?

984 votes

Your mother is fully entitled to maintenance as the father is bound by law to maintain her. As far as u are concerned, there are certain supreme court and high court judgements which according to which you can also seek maintenance from your father as u are studying, provided that your father is financially sound enough to bear your educational expenses.
Feel free to contact for further reference.

Advocate Arpit Srivastava LawRato

560 votes

Your mother must file a case against him under Domestic Violence Act. Read with Sec 125 & 126 of the Cr. Pc. You may discuss the complete facts of the case and take free advise. You may read the DV Act on website to make yourself aware of the provisions. For your guidance Sec 20 of the Act is reproduced:-
Sec 20-Monetary reliefs.—
(1) While disposing of an application under sub-section (1) of section 12, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include but is not limited to—
(a) the loss of earnings;
(b) the medical expenses;
(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and
(d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.
(2) The monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed.
(3) The Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.
(4) The Magistrate shall send a copy of the order for monetary relief made under sub-section (1) to the parties to the application and to the in-charge of the police station within the local limits of whose jurisdiction the respondent resides.
(5) The respondent shall pay the monetary relief granted to the aggrieved person within the period specified in the order under sub‑section (1).
(6) Upon the failure on the part of the respondent to make payment in terms of the order under sub‑section (1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay to the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent.

Advocate Anand Kumar LawRato

522 votes

Yes your mother can file maintenance case against your father. Its her right to get expenses from her husband. You didn't mention he is into job or business. Need more details. He would be paying accordingly.Contact me for further guidance.

Advocate Swati Shankar LawRato

779 votes

Your mother can claim maintenance from your father but you cannot since you are now a major (more than 18 years) and he is not obligated to maintain you anymore. But as far as your mother is concerned she can file a case under 125 Cr.P.C.

Advocate Suparna Sinha LawRato

991 votes

Yes you can file the case in court . please let me know since when he left the home and earlier how much monetary support he was giving. the case that you can file is "maintainance". The case should be filed by your mother making you as a party with her. Also let me know the job profile or what kind of work your father do. For for query please feel free to contact.

Advocate Meenakshi Aggarwal LawRato