Legal Question in Civil Rights Law in India

My mother has got stay not to sale or transfer the ownership of this plot or dispose of this plot on a plot of my father (Ancestoral Property which is now in his name) under maintenance on charges in a suit filed by her against my father who is denying having any relation with us but we have all the evidences that we are the real family members of his family. My father is totally in control of his mistress and he is trying every possible step to bring us on road.
There is a mobile Tower on this plot of land whose security and rent my father is taking as this agreement with the mobile company was done in 2003 with my father prior to the filing of this suit (2007)and also before my mother got the stay (2011) on this land for not to sale or dispose of or transfer the ownership of this plot of land, I think it might be 10 or 20 years agreement with the mobile company.
I just wanted to ask can we apply for the part of rent to be given to my mother as my mother has no any source of earning right now and My Father is also not taking care of my mother and the whole family . I contacted the mobile company but they are asking for the court order for it ,we have a court order (In 2002) under section u/s 125 crpc in favour of my mother as per which my mother gets Rs.500/- per months which is very low which is also my father has not given since the last one year and its ( to recover the maintenace of Rs.500/- p.m. from his movable property )warrant has been issued by the respective court several times but he has not paid it till date since the last one year.
I just wanted some ways through which my mother can get some monthly income from my father.
The Mobile Tower Company is asking for any court order for the share of rent of tower. I have already forwarded them the court stay order and the order of Rs.500/- p.m. mainteance but they are not agreeing to it.
Please Suggest.

Asked on 9/21/11, 9:17 pm

Sanjay Kalra Sanjay Kalra & Associates

0 users found helpful

0 attorneys agreed

Your mother can file a petition under the Domestic Violence act for interim maintenance and residence . I am sure the court would do justice to her.

Answered on 9/21/11, 11:38 pm

Keywords

Match Any Match All

Country

State

Area of Law