• Breach of trust, adultery, and extramarital affair

I have a situation at home, My father has an extramarital affair as he claims he says he is married to her and has a male child of an year old.
He left us without any compensation or maintenance given to my mother. me and my brother are unemployed.
we don't have any assets of our own, my mother is also a housewife, my father left us after we questioned him about his affair. he not willing to spake to us or is restricting us to go anywhere near his office and the house where he currently resides with his illegal keep and son.
he has fixed surveillance cameras around the office premises and around his residential premises.
we went to give complaint to the nearest police station but they advised us to talk to my father's company chairman and didn't allow us to file complaint. 
what should we do we have no money to fight this no one is helping us in this case all we could collect is some photographs proof that shows his is living with her and the child.
we cannot hire detectives because they are very expensive, Lawyers who are willing to help are delaying us in taking any action.
please help its been 3 months since my dad has left and we don't know what to do...
Asked 7 years ago in Criminal Law
Religion: Hindu

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5 Answers

1) your mother should take the help of district legal aid center and file application for maintenance against your father under section 125 cr pc

2) also file DV case and seek alternative accommodation , maintenance , , compensation for mental torture undergone by her

3) your mother can also file case of biagmy against her husband under section 494 of IPC for having married during subsitence of earlier marriage

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Send a well drafted complaint letter to the local police station by speed post under copy to the S.P./D.C. and collect the track report from the internet evidencing that those letters have been delivered.

2. In the said letter you should also mention the adulterous act of your father.

3. After that your mother shall have to file a Writ Petition before the High Court seeking justice and relief in the form of immediate order for paying maintenance to her.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Yes your father must be brought to books for which ask your mother to lodge a complaint of bigamy u/s 494 IPC which is non bailable offence.

2.Thereafter she can file case for damages and maintenance in criminal court under PWDV Act.

3. I am not sure why your kawtyer s delaying the case since it is a fool proof case. You can change your lawyer if you are unsatisfied with him.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. What is your age? If you have attained majority then you cannot claim maintenance from your father. You should make a living of your own.

2. However, your mother can file a case of maintenance under 125 CrPC against her husband as it is the duty of a husband to maintain a wife who is not self sufficient.

3. If your mother has evidence of the remarriage of her husband then she can even file a criminal case of bigamy under section 494 IPC against him.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Firstly you have not stated whether you are the daughter or the son to your father and whether your brother is an adult by age.

If you both children to yor father are his sons and adults, then you are not entitled to any maintenance from your father as per law.

But your mother can claim maintenance from him.

If you evidence to prove that your father has married that woman then she can lodge a criminal complaint against him and his concubine/second wife for the offences of bigamy with the local police station.

The police cannot refuse to register the complaint if you have proofs for that.

For free legal aid or assistance you may contact the legal services authority office functioning in the court premises.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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