Mental harrasment to me and my minor girl child by my parents
2 weeks ago
Can I file DV petition against them?
I'm a fifty years old divorced single parent staying with my daughter.... tried to talk to my parents but they have disowned me and my minor girl child for no reason
A.Dear client, you can file domestic violence case under Prevention of domestic violence act of 2005. And can also file a complaint under section 509 for outraging the modesty of women.
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A.Dear Sir/Madam,
If you are residing with your parents then you can file Domestic Violence case or directly file complaint before Police Station under various provisions of Indian Penal Code.
If you are residing with your parents then you can file Domestic Violence case or directly file complaint before Police Station under various provisions of Indian Penal Code.
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A.Dear Client,
If you feel you can manage outside without the support of your family for all your needs, nothing prevents or restricts you from walking out of your home to look for the destiny of your choice. You cannot legally compel your father/family to maintain you as you are an adult. Therefore, you need to arrange for an independent source of income to live your life on your own terms. You have the right to file a complaint against your parents who subjected you and your minor son to domestic violence in the local police station under Sec.12 of the PWDV Act, 2005. An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application directly to the Magistrate seeking one or more reliefs under this Act. Apart from this, you can make a complaint online (https://nhrc.nic.in/complaints/complaints/how-to-file-a-complaints) to the Chairperson, the National Human Rights Commission, New Delhi and the State Human Rights Commission along with the Chairperson, National Commission for Women and State Commission for Women who are empowered to investigate complaints related to issues faced by women in distress by sending an email to [email protected] or filing an online complaint. Further, you can also approach the State Commission of Women situated in your state, and seek help from the local NGOs who rendered dedicated service to the women in distress. If you are not financially sound enough to continue with litigation expenses, you can apply before the Member Secretary, State Legal Services Authority or Dist. Legal Services Authority seeking free legal services available to women under Sec.12(c) of the Legal Services Authority Act, 1987 to contest the cases before the Court for appropriate relief. The parents can disown their adult children from their self-acquired property and not from the ancestral property. Even if the parents evict a child from their house, there is no legal concept of disowning an adult child in India. In the case of self-acquired property, the parents can disinherit a child by cutting him out of the will. However, in the case of ancestral property, the parents have no control over it since the child has a right to it by birth. Even, if the parents die intestate, the self-acquired property will go to the legal heirs. So, even if the parent-child relationship is bad or toxic and the child has been evicted, he/she can acquire the property as a legal heir.
If you feel you can manage outside without the support of your family for all your needs, nothing prevents or restricts you from walking out of your home to look for the destiny of your choice. You cannot legally compel your father/family to maintain you as you are an adult. Therefore, you need to arrange for an independent source of income to live your life on your own terms. You have the right to file a complaint against your parents who subjected you and your minor son to domestic violence in the local police station under Sec.12 of the PWDV Act, 2005. An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application directly to the Magistrate seeking one or more reliefs under this Act. Apart from this, you can make a complaint online (https://nhrc.nic.in/complaints/complaints/how-to-file-a-complaints) to the Chairperson, the National Human Rights Commission, New Delhi and the State Human Rights Commission along with the Chairperson, National Commission for Women and State Commission for Women who are empowered to investigate complaints related to issues faced by women in distress by sending an email to [email protected] or filing an online complaint. Further, you can also approach the State Commission of Women situated in your state, and seek help from the local NGOs who rendered dedicated service to the women in distress. If you are not financially sound enough to continue with litigation expenses, you can apply before the Member Secretary, State Legal Services Authority or Dist. Legal Services Authority seeking free legal services available to women under Sec.12(c) of the Legal Services Authority Act, 1987 to contest the cases before the Court for appropriate relief. The parents can disown their adult children from their self-acquired property and not from the ancestral property. Even if the parents evict a child from their house, there is no legal concept of disowning an adult child in India. In the case of self-acquired property, the parents can disinherit a child by cutting him out of the will. However, in the case of ancestral property, the parents have no control over it since the child has a right to it by birth. Even, if the parents die intestate, the self-acquired property will go to the legal heirs. So, even if the parent-child relationship is bad or toxic and the child has been evicted, he/she can acquire the property as a legal heir.
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