Family issues Family issues

Hello Sir/Madam, My name is Rakesh, 23 yrs old, working in IT sector. My parents were staying my home town. My mom has a problem with my father from a long time that he was torturing my mom both physically and mentally. Ofcourse, it is a legal crime, being a son, I couldn't dare myself to file a case om him. Now, it becomes more and more. He is 50 yrs old and my mom 48 yrs old. Still he is torturing her. I want to save my mom from dad and give her a peaceful life by taking her from hometown to my home in working place. Need your suggestions and plan of actions to take on this legally or normally. How can I take a stand with legal points if some one raise obstacles. Thank you

Kishan Dutt Kalaskar Retired Judge

Responded 2 years ago

View All Answers
A.Dear Sir,
You may bring your mother and reside separately and file a DV case against your father through your mother seeking following reliefs.
=========================================================================
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
3. Pass orders u/s 18, in totality against Respondent1 to 3,
4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

Please take PAID phone call with me through VIDHIKARYA and get more legal guidance.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Suneel Moudgil

Responded 2 years ago

A.1. your mother is advised to file a case of domestic violence against your father for causing mental, emotional and physical harassment,
2. she can claim residence, protection, compensation and maintenance from your father,
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Chitra Sundar

Responded 2 years ago

A.Your mother has adequate rights under law and she can be effectively safeguarded from your father. if you need immediate relief, you may file a police complaint against your father regarding the same; but the same is not a permanent solution. To advice you better, please provide more facts such as whether she wants divorce or just mere protection from your father, as what you have mentioned is basic and vague.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconFather doesn't look after me and my two sisters
Your mother can file a complaint before the Family Court for the Restitution of Conjugal rights I. E. To live together as a husband and wife. If your father has not divorced your mother and living a...
question iconBoyfriend cheated me
Dear client, In case your boyfriend had made a false promise of marriage and exploited you emotionally and physically. Then you can file a criminal case against him. If you have sufficient proof as...
question iconProperty disputes - my mother has die 2 yr before
Dear Client Your question is ambiguous and not clear. You can write in Hindi clearly and then we will be able to answer your query better. Hope to hear from you soon.
question iconRights of daughter in law after marriage
Dear Sir, As of right a daughter-in-law cannot claim separate residence. The law laid by Hon’ble Supreme Court is as follows: =========================================================================...
question iconlegaly seperation from brother
Dear Sir, u r not liable to pay any maintenance under any provision of any enactment to your brother. He is grown up and swallowed all the properties of your properties and he can't claim any mainten...