Harassments after 33 yrs of divorce Harassments after 33 yrs of divorce

2 years ago

Respected distinguished Advocates,

My Father who is presently of 58 years (also a patient of cancer) has given divorce to his first wife in year 1987(one sided divorce given by magistrate). after 2 years of his successful divorce my father married with my mother in 1990 and lived a peaceful life till 2015.
In year 2015 my father's 1st wife filed a case for maintenance in MP district court. and the court passed a order in her favor of 10000 maintenance per month. My father challenged the lower court order in high court and till then the case is in high court of MP.
But in meanwhile my father's first wife and the son(of 32 yrs of age who lived with her mother after separation) has ashamed my father and my family in our society and also in the office by false allegations and sayings. They r threatening us and my father that they could file enormous case against us for property and money, as they are well aware of that my family is already facing much difficulties in treatment of my father and in addition to that we could not bear the further load of these court hearing and all.
Now in this all, pls help me what we can do such that we can not face any further humiliations.
please provide me your concerned advice.

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
You can approach Police and take help. If no help is extended by the Police then file a suit for permanent injunction against him and take temporary injunction at first instance and then you will get permanent injunction on the basis of divorce.

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Sunanda Kesharwani

Responded 2 years ago

A.You can go to the criminal revison and if the one sided divorce was the right reason then the maintenance will get stayed in the high court definitely. And And if the property of your father is made by the father himself, he can give it to whomever your father wants.
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Sidhaarth

Responded 2 years ago

A.Magistrate donot have jurisdiction to try divorce cases and to grant divorce. So check order and decree might have been passed by District Judge or additional district judge. As per law if wife donot have sufficient independent income and had not remarried then wife is entitled to maintenance. Son from first marriage is entitled to share in property of father but that right could be checked. Details are required to be examined. Your father can file suit for injunction against first wife and son not to visit him.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Because your father's ex-wife and son are bothering him so much, you can file a legal complaint against them under Section 294 of the IPC, which deals with harassment. To annoy and torture another individual, it is prohibited to engage in indecent behaviour in public or to repeat or utter obscene words in public. The offender may face up to three years in jail, a fine, or both if prosecuted under section 294 of the Indian Penal Code. You can even file a slander lawsuit against them.
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Anik

Responded 2 years ago

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A.Hi,
Since your fathers ex wife and son are troubling him so much you can file a legal complaint against them under The case of harassment which is stated under Section 294 of the IPC. It is illegal to do indecent conduct in public or to repeat or say obscene remarks in public in order to irritate and torment another person. The perpetrator would be charged under section 294 of the Indian Penal Code and may face up to three years in prison, as well as a fine or both. You can also charge them with defamation.
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