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Remedy against father's claim for maintenance
07-Jul-2023 (In Family Law)
I have joined tata motors after the retirement of father in the same company under the son employment scheme. Now my father is torturing me o give my 50% salary to him so he can do expenses for his younger son and his family. He is mentally harassing me and wife on daily basis. Please help me what i can do about this. I don't want pay hi 50% salary of mine.
As per indian law ur father can claim maintaince on certain ground if it prevail maintaince will granted.As u got job on company scheme it cannot be changedv.On forcing u for paying 50% of salary is illegal
Helpful?
Adv. Pankaj Kumar Singh
Ranchi | 100+ Answers
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section 125 (1) (d) of Code of Criminal Procedure, 1973 is a provision in Indian Law whereby a Magistrate can order children to make a payment of monthly allowance as maintenance to their Parents (father or mother).
so a per the various landmark judgements of supreme court it is your bounden duty to maintain your parents but you are not liable to maintain them if they are having their independent/own source of income.
hence the basic ingredients is that your Father or mother must be unable to maintain himself only in that scenario they can claim maintaince against you.
so a per the various landmark judgements of supreme court it is your bounden duty to maintain your parents but you are not liable to maintain them if they are having their independent/own source of income.
hence the basic ingredients is that your Father or mother must be unable to maintain himself only in that scenario they can claim maintaince against you.
Helpful?
Taking the responsibility of father is a moral obligation. It is advisable, you start depositing fixed amount every month in his account. Also, ensure all expenses of your family are made from your account in White. He cannot demand 50% as claimed.
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Adv. Ashutosh Anand
Ranchi | 200+ Answers
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