You should immediately move out of that place to a neutral place and then should immediately file a police complaint.
Also you can then file for a divorce petition on the ground of cruelty and then can claim maintenance from your father.
Regards
Need advice - I am a 14 year old facing abuse along with my mother
My mother was married 20 yrs ago to my father. he is mentally unstable and takes physchiatric medicines and sedatives. he is a smoker and alcoholic. for past 20 yr he and his family members are torturing me, my sister and mother. my father occasionally beats my mother and has given death threats too, they are are very rich and own a jewellery shop in chennai. i am a boy 14yrs old and my sister is 18 yrs old. my sister had to consult to psychiatrist because she developed ocd and severe depression because of all this trauma, past 2 days have been hell for me, mother and sister, we need urgent advice and help. we are being tortured and my father is having an affair too. he is spending all money on her and we have no money at home, i was having 103 fever for 10 days and i was admitted on 12th day in hospital where my father and his brothers forcibily discharged me with incomplete treatment and are not allowing me to get treatment from doctor at all. my health is deteriorating as i have viral infection i have not gone to school for more than 20 day please help us we want divorce as soon as possible but we cant stay at home during the process as my father will murder us. today one of the brother of my father went to my mothers fathers house and tortured him and he is threatening us that he will not give even one rupee to us from now onwards. please tell me our rights and what will be the case duration for divorce and abuse i have a few videos and audio of them fighting and us suffering please help
Asked 8 years ago in Family Law
Religion: Hindu
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7 Answers
How long will this whole process take. i have video of them fighting and audio also. i want this whole process to be over as soon as possible what can be done for that. how do i prove adultry by my father as she as sent him some whatsapp messages on when to meet n all. what can be done to finish this process soon as my school will be disrupted. please give more details we have no place to go. can we have police protection at home or something like that. will audio and video be sufficient and what about my fathers unstable mental condition i have his prescription too
Asked 8 years ago
Hello,
This will take time Sir.
But the police complaint that will be filed by you will have some immediate action and also the maintenance will be provided to you in a short period of time. Also you may move to a rented premises and then claim the rent also as maintenance.
After filing the police complaint you may write to SP of the city to seek police protection, police protection can not be sought at home. But yes as soon as you will lodge a complaint the police will call your father to the police station wherein it will be told to him that if any nuisance is caused in future then you will be in danger. I hope that this will work and you will not be tortured further.
Regards
As an immediate measure, report the matter to the Police and get a FIR lodged against your father. Also seek Police protection by writing to the SSP.
Once things are a bit stable, you mother could file a divorce. All of you including your mother should seek maintenance from your father by way of preferring an application under section 125 crpc. Your mother should also move a Complaint against your father under the Domestic Violence Act. She should also seek interim maintenance.
1) your mother should file for divorce on grounds of mental cruelty
2)seek interim maintenance for herself and kids
3) seek alimony from husband
4) also seek custody of minor children
5) mother can also file DV case seek protection order, alternative accommodation , maintenance from her husband
your mother should contact a local lawyer
2) file DV , divorce case against husband as advised herein above
3) disposal of cases depend upon pendency of cases in court
4)it should take around 5 years to be disposed of but you would get interim reliefs in one year
Hi, your mother can file a case of domestic violence against your father .. She can also ask for monthly maintanance for herself and her children .. The decesion has to be taken by your mother whether to take legal steps or not .. Tell your mother to consult a lawyer and file criminal proceedings against her husband
You are a minor by age hence your mother only can any case against your father.
She can lodge criminal complaint against him and his siblings and parents for harassment and cruelties.
She can even a domestic violence case seeking protection, separate residence owing to his cruelties, seek monthly maintenance amount and compensation.
She can file a divorce case on the grounds of cruelty
She càn even file a maintenance case under section 24 of HMA
