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CAN MY FATHER CLAIM MAINTENANCE FROM ME AGE 51 YEARS
13-Jun-2023 (In Family Law)
My father dispute with me and brother and drinking my brother and me both govt servent he can legaly take maintenance money from me and my borther my father age 51 year and physically and mentally healthy but my mother living with me and brother and no any complaint and live smoothly with both but father creat problems and also wants legaly maintenance
yes your father can very well claim it and he is not creating any problem rather you are inviting your own trouble if your father hires a good and knowledgeable lawyer you as children will be in deep trouble
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Adv. Aveek Bose
Kolkata | 1000+ Answers
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in case your father is unable to maintain himself he is under the law entitled to claim maintenance from you and your brother. the mere fact that your mother is living peacefully with you and your brother wouldn't disentitle your father from claiming maintenance
so the first point of law is you have no remedies against your father claiming maintenance if he is otherwise not able to maintain himself
of course you contest the claim of your father on the ground that he is either having enough means to fend for himself given that you are taking care of your mother. the quantum of the maintenance can also be a matter of contest and you can bring every fact against such maintenance to keep the maintenance at its bare minimum.
Tanmoy Chattopadhyay
M.Sc (Net), LL.B (Delhi)
Advocate
High Court, Calcutta
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Adv. Tanmoy Chattopadhyay
Howrah | 900+ Answers
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