Domestic Violence - My father tortured me and my mother

Dear Sir,

File Domestic Violence Case (Most Important)

Your mother can file a DV case before the Judicial Magistrate of your area (North 24 Parganas).

She can ask for:

Protection Order (stop abuse immediately)

Right to residence (he cannot throw her out)

Monthly maintenance

Compensation for physical & mental torture

Restraining order against further violence

Dear Client,
In the given scenario, you have the following options to resolve the issues legally and correctly. 1) You can file a complaint against your errant and abusive father who subjected you to domestic violence and hurt you physically and mentally, at the local police station under Section 12 of the PWDV Act, 2005. Under Section 12(1) of the Domestic Violence Act, an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application directly to the Judicial Magistrate seeking one or more reliefs under this Act that include the right to reside in a shared household, protection order and residence order icluding order of interim maintenance. 2) You can file a private complaint against him in the court of the Judicial Magistrate under Section 223 of BNSS, which outlines the procedure for a Magistrate to take cognizance of an offence. Upon receiving a complaint, the Magistrate shall examine the complainant and any witnesses present. This examination is conducted under oath, and the substance of the examination is documented and signed by the complainant, witnesses, and the Magistrate. If the Magistrate finds sufficient grounds for proceeding with the complaint, he may issue a summons or warrant to the accused under Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, 3) Under Section 125 Cr. PC(Section 144 of BNSS), any person having sufficient means is liable to support his wife and children, provided she is unable to maintain herself or her children. The courts have held that the husband's income, as well as his assets and properties, can be taken into consideration while determining the maintenance amount. The courts have also held that maintenance can be granted to the wife even if she is living separately from her husband due to his ill-treatment or other reasons. In the case of Sunita Kachwaha & Ors. versus Anil Kachwaha (2014), the Supreme Court held that the mere fact that the wife was earning some income could not be enough to disentitle her from her right to maintenance. If maintenance is paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to be awarded to the wife. The court can also grant one-third to one-fifth of the husband's net worth as maintenance. To enforce maintenance orders court can issue various orders, including attachment of the salary or property of the husband and non-compliance can also lead to imprisonment, as per Section 125(3) of the Cr. PC. 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 father to maintain his daughter, who is unmarried and is unable to maintain herself out of her own earnings or other property. Further, if you are not financially sound enough to continue with litigation expenses, you can apply to the Member Secretary, State Legal Services Authority, or the District. 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 in the Court for appropriate relief. Hope it may help.