My mother salary is 45000/month and my father salary is 23000/per month but he gives us only 6000/month in home this salary is same from my childhood, now i a 24 years old and i am studying post graduation. my mother takes care of all the household expenses through her salary. we have the own house its in the name of my mother. there is o property in the name of my father. the major problem is my father has a habit of playing cards . he keeps loans from his salary and play cards and he never spends time for family. now he started bargaining money as credit from outside people using the name of my mother and showing our home. the situation became very drastic now he is abusing us and shouting in front of home. kindly please provide us a solution such that can we bring my father to a good state or should my mother take divorce.
Asked 4 years ago in Family Law from Bhadrachalam, Andhra Pradesh
As far as father's liabilities or debts are concerned, you or your property are not bound because of avyavaharika debts(that are taken for illegal purposes)So,son's pious obligation(the liability of sons to pay their father's debts as his heirs) is not applied in your case since father indebted not for legal necessities but for gambling,etc and therefore you or your mother are not severally or jointly liable to repay it by your person or on your property.
.it appears your father wont stop gambling and has no time for his family . if your mother is unhappy with his gambling habits and he wont listen to reason let her file for divorce
I think there's not much legal question involved in here. Except, a more balanced emotionally mature decision is required to be implemented which is possible only at arriving at a decision based on personal experiences amongst your family members.
There is no solution within the realm of law to the problem you are facing. It can be addressed only in social parlance. Your mother is financially independent, and as such she can apply for divorce if she cannot put up with her husband any more.
in your case your mother could apply for divorce & can be undependent from all liabilities of your father
Advocate, Greater Noida