you can claim maintenence for your self and your mother by filing application under 125 crpc
Claim pension from husband
Greetings ! My name is Ram (27 year old). My father (age 59) started getting pension of around Rs 9000since Jan'2014. My father is an alcoholic, he does not give a single rupee to my mom (age 50) and she and my brother (age 20) is dependent on him. Please advise how can we transfer pension amount to my mom directly from his account so that he can't waste the money. He is not ready to do any favour to my mom and brother. If we take ATM card from him, he goes to bank, block the card and apply for new one. So, we are helpless. Please advise Regards, Ram.
Asked 10 years ago in Family Law
Religion: Hindu
7 Answers
1. Pension can not be transferred to mother's name even if he/she is dependent on him.
2. Do bear in mind that you and your brother being more than 18 years of age are not dependent on him and your father owes no legal obligation to maintain you..
3. However your mother has every of maintenance from her husband and for this she can file various kinds of case like one u/s 125 crpc or on u/s 12 of PWDV Act to claim maintenance from your father.
your mother can claim maintenance. after order of court he may be forced to it to your mother
it is your father responsibility to maintain his family. if your father refuses to maintain your mother she can file application under dv act and claim maintenance. since your sister. is nmarried and dependent on your father you can claim maintenance from your father
your mother has to apply under DV Act for getting maintenance from your father.
1. Your mother cab file a petition u/s125 of Cr.P.C. praying for maintenance,
2. Your father shall have to pay her the maintenance amount as per direction of the Court.
query is resolved