desertion, divorce and mainatainance
3 years ago
Hi,
This is Sekhar. I am writing this on behalf of my mom.
My father is working as a Senior accountant in Government of Odisha. It has been 35 years they have been married. My sister is recently married.
My Father began saying that he left my mother and he will not give a single pie from this month.
When I asked him to give me in written he wrote that he is abandoning my mom and he gave silly reasons.
1. Me and my wife never slept in bed room since last 22 years.
My mom never goes to his room to sleep as he drinks at home, watches porn in the room and we saw it many times even.
He is saying this since 30 years from my child birth. My mom used to teach students and sell milk from cows.
He is torturing my mom since 30 years. Today when I asked my father, he handed me in writing signed on 2 rupees stamps attached to that paper and asked my mom to file a divorce and even saying that due to the point 1 you will even not get any maintenance and divorce. He has a local Political influence.
He even went to jail due to some cases in his office and got reinstated. My mom, I and my sister did part time and maintained house and gave money to him for filing cases and he won. He does not give money to home but he comes and sits in home for food and my mom never harassed him. He beat my mom many times. She has been facing a lot of mental and physical torture.
Now he is saying to file a case for divorce to my mom but we don’t know how to proceed. My mom is unaware and uneducated. She is crying a lot and lot. I want my mom to file divorce. But I don’t know how to proceed.
He is abusing and scolding my mom Tarnishing her image near all relatives and office colleagues so that he can win the case. He told me this thing in open.
Should I take my mom to Women’s cell or File a case. How should I approach.
As he is a government servant the procedure to file a case against him would be quite different.
I am a software employee. I can take care of my mom but I want that my mom should not feel that I am showing sympathy on her as my Father is still alive and even working I feel that He should pay maintenance for my mom after divorce.
Please help me in getting my mom justice.
Thanks
Sekhar
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Your mother can file a case under domestic violence act and claim maintenance. Also, she needs to file an application to the court for legal separation and divorce. The court has the power to give order for interim maintenance as well.
Your mother can file a case under domestic violence act and claim maintenance. Also, she needs to file an application to the court for legal separation and divorce. The court has the power to give order for interim maintenance as well.
sanjay panda
Responded 3 years ago
First your mom should file complaint under domestic violence act and seek various protective measures as wel as maintenance.
Then you can proceed with divorce petition for separation and mantainance.
As per service code of conduct your father should maintain good behaviour in society, so you can complain before his higher authority for such kind of nuisance behaviour.
You can also file police complaint for illegal activity i.e. watching porn etc.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
you said My mom, I and my sister did part time and maintained house and gave money to him for filing cases and he won. He does not give money to home but he comes and sits in home for food
now you want maintenance ?
yes he have to pay maintenance.
Ask a lawyer to file case of 125/DV.
government servant is also a servant like all open servants so the procedure to file a case against him or any servant is not different.
you can take your mom to Women’s cell for counselling but doesnt seem he will improve.
File a divorce case for cruelty.
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
Prashant Deshmukh
Responded 3 years ago