Advice for Domestic Violence on mother Advice for Domestic Violence on mother

3 years ago

I’m 19 years old and from Mumbai. My father is an alcoholic and has been abusing my mother for over 6-7 years now. Just recently he threw a glass on my mother’s head because of which she had to be hospitalised and get stitches. He also verbally abuses her, me and my small brother too. My mother works at a very small company and doesn’t have the financial capacity to take care of me, my brother and herself and the house we live in is also on my father’s name so filing for a divorce might leave us homeless. We have filed several complaints at the local police station but they haven’t been of much help. Please help.

Kishan Dutt Kalaskar

Responded 3 years ago

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A.First stand on your legs and support your mother. Divorce is of no avail but it gives freedom to him to marry. File maintenance and DV.
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Anish Palkar

Responded 3 years ago

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A.I have gone through your query in detail.
1) Practically saying the police will not be able to help you out in the long run as again you will be going and staying there in the same house and so EXIT from the house is the only way out and you can get all the financial benefits legally if you follow my rules, BEFORE EXITING THE HOUSE
2) Your query does not have a fixed jacket suit answer as…. it is within the family itself.... but I can get you some kind of help from Mahila Mandal as if such hitting by glass other objects continues then your mother may have serious health & medical problems in long run, thus deteriorating her health. The only one way option is that your mother will have to take divorce from the father that is the only way out….. if you want to get rid of such a situation which has been for long years as you are saying, because all intermediate ways to resolve this issue you all must have tried alot on your ends & which actually has not served any purpose till date. Below are the key points which can support you for getting the financial benefits from your father.
As per your question it seems that you’re Mother& you are the Victim in Bad Marriage & moving ahead with Divorce you need to know the following Legal Compliances & a few things for Your MOTHER
1) When & Where was the Marriage done?
2) Was it a Love Marriage or Arranged Marriage?
3) If it was Arranged Marriage who had taken the lead of proposal?
4) Have you both tried to solve the questions between yourselves? If Yes, What is the CURRENT position?
5) Do you have any children? If yes, then what about them & their Expenses? Are they ready to come with you?
6) What & where does Your Husband work ?
7) You can get the legal solution & that is separation & Divorce with all the Financial benefits ? Be mentally prepared to live separately as that there is NO other way out as you must have tried all the possible means till Now.
8) 1st Get all his Income papers like IT FILE or Salary Slip & property papers of all Moveable & unmovable property (XEROX) before leaving his house. (Alimony will be calculated based on these papers)
9) Take all the Ornaments & jewellery given by Your parents & Relative given to you during your Marriage & forward them all to your mother House
10) Then seek help from Local Mahila Mandal OR Mahila Aayog (WOMEN COMMISSION) If you know then good, otherwise I can help you with the assistance of Mahila Mandal OR Mahila Aayog
11) If you are unable to resolve the issue then you can file a case of domestic violence and also case under 498 A IPC against your husband and inlaws, you can also get protection, Monthly maintenance if you are NOT working and file petition to attach husband salary and property for you……. further if things are not working you can go for divorce.
12) Discuss it in detail to us & let you know the best possible way.

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ADV. ANISH PALKAR (High Court)
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Shreesh Chadha

Responded 3 years ago

A.First file complaint with women cell (Mahilla Aayog) or get help from NGO (SNEHA, Akshara etc.). They will help you register FIR against your father. Additionally, it is important that you file under DV Act and also file for maintenance since you need financial support.

We handle cases of lots of families on pro bono basis. Police will cooperate, you need Advocate or help of NGO/Women Cell.

Regards
Adv Shreesh Chadha
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