My father has thrown out me and my mother out of our house and he has filed divorce to my mother. He is also holding all my mother's belongings, finances and is torturing her. My mother went into depression and is very fearful to go against him. He now filed divorce to gain complete rights & controls of all my mother's belongings. So how can she fight the case and get her rights now.
Kindly please guide us about how to go forward.
Thank you.
A.Dear Sir,
You can fight on behalf of your mother by taking Power of Attorney from her. You may file multiple cases against your father and forcibly can enter into his house and take possession of all the important documents.
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Subhashis Paul
Responded 2 years ago
A.First of all, your mother needs to contest the said divorce case befire the learned court, secondly she must lodge a maintenance case against her husband for providing maintenance to you and your mother and third of all, your mother must lodge a police complaint against your father for the tortures done upon her by him and also not allowing the access to her own belongings only which are called stridhan. Even your mother can file a Domestic Violence case and get an order for staying in the house of your father along with you under full safety protection only. You and your mother must consult an advocate immediately to take necessary legal steps to claim all the rights and justice.
As per the facts mentioned, your mother can contest the divorce proceedings and claim all her belongings and file for harassment against your father.
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Vaidehi Samant
Responded 2 years ago
A.Husband legally cannot hold wife's belongings and finances against her consent and cannot abandon her from the matrimonial house. If he has filed divorce then attend the hearing on the listed date and bring all these facts to the notice of the Court and also file a written reply of his divorce petition. Also you mother can file a case for domestic violence as abandoning wife amounts to cruelty and she can also file interim monthly maintenance application in the same matter of divorce or otherwise a separate case for maintenance under section 125 of the Criminal Procedure Code,1973. Thank you.
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