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UMe and my brother had an abusive childhood, drunk father beating children, not giving money to the family to keep us fed. He married our mother under false claims (his intention being to change the land mom’s family gave as dowry to his name and divorcing). He sold the land, tried suffocating her with a pillow, poisoned her, she suffered a stroke, thankfully she is alright. He left us at 2018 without a word, changed his number & address, went no contact when both of us were still studying. At 2023 he applied for divorce for the 2nd time, and it went through on 2024. Our mother received no settlements/alimony. She is the one who raised us, and handled our education fees by selling her jewels. But, since she was just a house wife, this bastard is the one who took the money and paid the bills. He has saved our school fees receipts and such.
Now, we just received a letter from the RDO office, stating that we have been summoned for an investigation under the “The Maintenance and Welfare of Parents and Senior Citizens Act, 2007”. How serious is this? Will this require a lawyer? How can we protect ourselves, we are not willing to give this man a cent, what can be done?
Any advice would help a lot, thank you..
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UI think there is a section in IPC with regards to neglecting children by parents I don’t know if that will be applicable now with regards to you paying maintenance I think you might have to because under section 125 also you might have to pay maintenance section 125 of CRPC so what you can do is show that your cases is a special case where the person has not fulfilled his duty your mother was kind of Parda Nasheen woman kind of a thing where she did not have means or time to get aquainted with law so she did not file any claim against a husband and you will have to have evidences supporting these kind of claims that you made that he abandoned you also if you Google search you will find what can be done in case of people abandoning their children there are sites like India Kanoon which can help you
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MYou may need to document your relationship with your father from a legal standpoint. You will need to establish that relationship was toxic and he failed in his paternal duties. Since he failed to contribute or make attempts to provide for you as a child and abandoned the family – you do not consider him a parent except in name. Since your father seems to like going to court (prioritizing getting a divorce late in life without working financially) , start doing the groundwork. The other angle you have is that – since he has paid no alimony to your mother, you have to sustain her and so cant afford the expenses of both parents.
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UFilling maintenance by elderly is free of cost. He wouldn’t have the resources to fight it.. Just a gimmick.
Lawyer up your side and never bother to care except the lawyers will attend dates for you… -
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I1. Sr. Citizen’s Act cases are handled by tribunals and not courts (at first). The offended/accuser parents represent themselves, and the same applies to the children. Advocates are not allowed to handle these directly (though you can be coached offsite).
2. Such tribunals are biased in favour of parents as the goal is to stop vagrancy.
3. Your father would need to establish that he does not have any means to sustain his needs, and if proven true, some maintenance could be awarded to him (often ₹10K limit).
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UThanks for your valuable insights. We are trying to find good lawyers in Chennai, also listing out what all we have that can be used for a legal battle..
Our father has a house w/ office apartment that his father owns (our grandfather). We have a copy of deed for that bit of land. He has a running business in the same location. We know the location of the office, have pictures, it’s listed online on gmaps and Justdial. But we don’t have anything like his tax details and such…
We live with and take care of our mom. Is it possible to build a case like “We take care of one of our parents who is financially dependent on us, he has divorced her with no alimony, he has the means to sustain himself”?
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AIt’s really surprising that your abuse father got divorce by initiating himself first without alimony with 2 sons. Need to say it’s medical miracle. No one has ever pulled this in the history of Indian matrimony law.
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UHis brother is a lawyer. The document that was served was full of carefully crafted lies. There were several contradictions we pointed out. We had to hire a cheaper lawyer who we paid on a hearing-by-hearing basis due to our financial circumstances at that time… (I was still a student, got hired only recently <6 months, brother also had to pay off loans he took). The lawyer royally fucked us up, withheld crucial info until the end telling us “Don’t worry, I will take care of everything”
Some of the docs that we gave to our lawyer that we asked to not disclose unless necessary somehow ended up in the opposing lawyers files… Happened in Chennai
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