- This topic has 22 replies, 12 voices, and was last updated 1 year, 3 months ago by
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UMy dad last year on 2jan 2024 filed a divorce case against my mom , cause he is having an affair with another women, he filed divorce and stop sending money to my brother and my mother , but he keeps sending me (F) money ( the bearable money 15-17 k each month , as currently i am in aspirants hub , and preparing for govt job , also a girl..) so my mother decided to fight against the divorce case and got the government chosen advocate , and for filing the maintenance case ,she filed it in another court which is in our hometown after 6 months , but father is refusing to accept the summons and declaring that that summon never reached him , its been almost 8 months to that , he kept declining it , now i want my mother to get the maintenance at least cause my father never gave a single money to her since 2015 and in 2023 their marriage turned 25 years , my father did domestic violence and also all the family member are having the depressing medicines ,,
My father retrieved back the divorce case this January stating that time was bad and now he wants to make amends but he is not ready to say sorry , also that lady is still with him , he spends lakhs on her , he only cares about getting to talk to my brother or at least at talking terms , my brother 25M, takes my mother side and start a job which on,y pays around 12-15 k a month , the house situation is bad , i am sending around 4-5 k from the money i get , what will be the case laws and the procedure to get the case be on my mothers side
The father got a home loan worth 20 lakhs in 2014 and the house is in my moms name , cause the registration fees was less , now my father has only paid in these 10 years only half of the loan amount , he earns really well , he is a govt officer , he gets around 115k per month from govt and he owns the agricultural lands which gets revenue more than 5 lakh per year , also add the corruption money he gets while doing his job ( which is in also lakhs) the only money he is spending on us is on me that is on,y 15-18 k per month and that 13k loan amount to the bank ,) my father opened the bank account on my-mothers name and sends money to that bank and then use that as a loan repayment , but my mother does not have any atm card regards that or even any bank documents regards that , i have this clip of my father saying your mother will get only 3-4k maintenance cause i have proof’s as i send money to her bank account and retrieve it for the loan payment , and house is on her name , she will not get anything
I want to know what my mother can do and how much can she get the maintenance, also how to get my father to accept the case.please help the fellow redditor
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UI am more concerned with the fact that your father gets corruption money and you are aware of that and don’t care.
Also use that fact maybe?
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UThat would not be possible cause i have only hear about it never saw or know the procedure regards that , or the people involved.
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UEvery govt employee is in any major dept officer role get the money under the table it’s india not foreign country everyone know. Govt employee are corrupted even there families as well nothing new in it
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UAnd you are willing to just accept that?
And it’s not every officer
There is *at least* 1 who is not corruptFew rare of them
You are just as bad as those govt employees by acting as if this is normal
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USo pointing out corrupt govt officials & literally saying what everyone knows in back of there mind makes me a bad person than fine I am bad
No one in this world is pure evryone has something they did that is related to corruption some are corrupted by power they hold , some with money , some with connections they have , some all of the above no one is saint in this world it’s basic human tendency to missuse power for his or her own good
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PYes, write an application in maintenance 125crpc case to get hand summons, the court will provide the same. Then your mom can tell the divorce case judge that he is not giving maintenance and there are his summons for that case and hand it over to him or his advocate And get it in the court order. Then show that court order in 125 crpc case.
Even though if summons are sent it means they are served. So in alternate you can also ask the judge to issue warrants…but they do not do that easily…
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UWe do not want the money , we are telling our mother to stop the case , we will provide you , but my mither states i have given my youth my everything to this man , and he cheats and never provide me with anything ,
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LAbsolutely. She has every right to maintenance from him. Get the cops involved, maybe even bribe them to get this served.
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Ci don’t think that’s a good idea.. people with less money should fight legally as much as possible because if the government officer can pay 100x the money to bribe them back and that won’t be a good outcome… he could even prove that these guys tried to bribe police officers against him and if police officers will testify that all these people will be put in jail… that’s why people with less money should never go through illegal ways
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PPursue the maintenance case, even if refuses to receive the summons, the case will be proceeded and an exparte order can be obtained. Even if your father has withdrawn the divorce case, your mother can seek maintenance as he is ought to maintain her. In the maintenance case, your mother can show the bank statement as the proof that the money deposited is being utilized for repayment of loan and hence there is no money given for sustenance.
Check if your father has married the other woman, without divorcing the first wife. If so, it amounts to bigamy. Your mother can file a case for this.
[https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)
For more details contact us [https://g.co/kgs/9ERTR65](https://g.co/kgs/9ERTR65)
Disclaimer: In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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HAsk your mother to file for divorce in case your father has withdrawn his case. In the application for maintenance tell court to proceed ex-parte as against your father.
Regarding the bank account, tell your mother to visit the bank and find details of the account. Also, she can get the bank to issue her a new ATM Card and change all the details like phone number etc.
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