This is a CPRC Section 125 maintenance case against me (Son) from my father (78 years old) in Delhi family Court. My father is asking for Rs 2 lakhs per month and an additional 50 lakhs for mental agony. I am a citizen of the USA and living there since 2002. My father retired in 2002 and I have been sending him monthly around $350 (Rs. 25,000) per month. I also used to send around Rs. 5 lakhs to my sister (she has a family with a husband and two daughters) as well, who lives close to my father. My father owns a two-bedroom DDA flat/property in Delhi and he used to live there. In Jan 2023, I visited my father and sister in Jan 2023, but my sister and father got upset with me. My sister filed a false assault/rape police complaint against me. The complaint is closed now. My father moved in with my sister and rented the flat which I believe gets around Rs 30,000 per month in March 2023. I stopped sending him money as he was around the same money I used to send him. Since March 2023, my father and my sister refused to answer my phone and they never call me. Now in Dec 2023, my father has filed CPRC Section 125 maintenance case against me. The case is registered in the local court in Delhi. I got notified by my father's lawyer through WhatsApp on my US phone number. I believe, my father will eventually name my sister as owner of the flat and will continue to ask me for more money. However, as he can get money from his property, I don't want to send him any money to my sister and father. Here is what I believe the law works in USA and India. Firstly, in USA no law obligates me to pay maintenance to my parents in India. Some of the US states have maintenance money laws, but they don't apply if the parents live outside of the state. So living in another country like India the US laws won't apply. I don't want to visit in Delhi. I believe the legal process to send any notification/summon from India is to follow India Court -> Ministry of External Affairs -> US Embassy -> US court -> to me. Which is unlikely to happen based on the USA-India treaty. Please advise what should I do.
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Lawyers are available now to answer your questions.
You should engage a lawyer and file detailed reply
2) take the plea that father is getting Rs 30 k as rentals and can maintain himself
3) court would not award Rs 2 lakhs as monthly maintenance
4) at most court would award nominal amount as maintenance
- As per law, if Parents having no source of income and unable to maintain themselves, then they can claim maintenance from their children or relative , and this include married daughter as well under section 125(1)(d) of the Code of Criminal Procedure, 1973
- Hence, he cannot claim the maintenance from you only but from all his sons and earning daughters , even the daughters are married.
- Since, your father is having his sufficient income for his maintenance , then he is not entitled to get maintenance from anyone.
- Further, the said notice through the whatsapp is not sufficient for service , and it must be through the Embassy or a registered post with the order of the court.
- However, if you will not appear before the court after getting the proper notice of the court personally or through an advocate , then the court may pass ex-parte order in his favor .
- Hence, after getting the notice of the court , you should engage a lawyer to file reply before the said court .
Since you have not received summons directly from Indian court, you may better don't entertain the WhatsApp messages received from a lawyer or the parties. There's no necessity for you to respond to such messages.
You block everyone from all contacts including the social media contacts.
Even if the court is passing an exparte order against you in this aspect, you remain unmoved.
They cannot recover the maintenance amount from you while you reside in USA.
Under the senior citizen Act, your father can ask for maintenance from his children only if does not have sufficient source of income and is not able to maintain himself. So if you can prove that your father has sufficient source then you can refute his contention and accordingly court can deny maintenance to father. Flat if transferred by father to sister does not effect his status and that too can be used by you for your benefit. Further, your sister too has legal duties towards father. Details required to suggest further course. If case of sister is closed and you are acquitted then also you can claim damages etc. Advocate of your father has no authority to sent any stated notice. It is court only who has power in this regard.
Dear client,
Sorry to hear your situation. Under Section 125 of Crpc, 1973 only those people can file the case who are not able to maintain themselves. In your case your father is receiving monthly rent from the flat so you will not be entitled to give him the allowances. Further, as you are foreign citizen the case filed by your father is not maintainable due to territorial jurisdiction. So the case will be dismissed by the court in India.
Hope this helps you.
Yes summons can be served through ministry of external affairs
