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4 years ago
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
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.
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.
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Suneel Moudgil
Responded 4 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,
2. she can claim residence, protection, compensation and maintenance from your father,
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Chitra Sundar
Responded 4 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.
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