A.
Dear Client,
The behaviour or conduct of your father, as explained in the query, appears to be unethical, immoral and irrational which may be termed as mental and economical harassment as defined under Section 3 of the Protection of Women from Domestic Violence Act, 2005(PWDVA, 2005). Under Section 12 of the said Act, 2005(PWDV), any woman who is, or has been in a domestic or family relationship with the persons and who have been subjected to domestic violence that includes harassment of physical, sexual, verbal, emotional, or economical, can lodge an FIR against him/them at the local police station for redressal of her grievance. Under Section 12(1) of the Act, an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved woman may directly present an application to the concerned Judicial Magistrate seeking one or more reliefs under this Act that include right to reside in a shared household, protection order and residence order provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider. Even, Magistrates are empowered to issue maintenance orders under Section 20(1)(d) of the D V 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 domestic violence or atrocities faced by women by sending an email to ncw@nic.in or filing an online complaint on their official website. Further, you can also seek help from the NGOs that render dedicated service to women in distress. Further, be informed that an unmarried daughter can claim maintenance from her parents under the Hindu Adoptions and Maintenance Act, 1956 (HAMA), if she is unable to maintain herself from her own earnings or property. The Hon'ble Supreme Court in the case of Abhilasha v. Prakash, 2020 SCC OnLine SC 736 , decided on 15.09.2020 held that an unmarried Hindu daughter can claim maintenance from her father till she is married relying on Section 20(3) of the Hindu Adoptions & Maintenance Act, 1956, provided she pleads and proves that she is unable to maintain herself. Section 20(3) of HAMA, 1956 makes it statutory obligation of a Hindu to maintain his or her daughter, who is unmarried and is unable to maintain herself out of her own earnings or other property. If required, consult with an experienced Advocate to understand your rights and remedies to navigate the matter effectively.
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