See though father neglected the responsibilities but you and your mother has right of maintenance from him you cannot claim damages from him for negligence and not taking proper care of you , you are major and you have to taken your own responsibility.
Recompense for negligence and desertion by father
I am a 28yr old male living with my mother. My father, though a doctor, is a habitual absconder and he has been neglecting us for more than the past fifteen years. About ten years ago, he admitted me in a college and later disappeared without a trace defaulting on tuition fees to the tune of Rs.800000. My mother endured hardships to raise the money and I almost got expelled from college for non-payment of outstanding dues. While in college, owing to the domestic discord and gross negligence on my father's part, I suffered a nervous breakdown that left me traumatized for many years. I'm still undergoing treatment for mental disturbance. For the past one year I've been accompanying and assisting my mother in filing lawsuits against him for maintenance, bigamy etc., and I've had to forego two years of post-graduation owing to these pressures, psychological and financial. Now I'd like to know if I can sue my father for reparations on grounds of negligence,mental trauma, disrupionofstudies?
Asked 7 years ago in Family Law
Religion: Hindu
10 Answers
Yes! But your mother has to support your case and stand firm on the fact that your father is abscond and negligence and he is lliable for it.
From my limited understanding, I think you cannot sue him. Here are my reasons:
1. You are 28 years old now. About 10 years back you were 18 years old - a Major, having a capacity to earn. So ideally you could have earned your living without being dependent on your father.
2. Even if it is argued or considered that it is parents responsibiliiy to look after the kids till they attain majority, your mother was there taking care of you. So nowhere in law it is told that "both" parents should take care of their wards.
3. Now thinking about the argument from your father's point of view, he will clearly question your locus standi. He will say legally speaking you have no right to question him. He will say your mother has all the right but you on the other hand have no right.
So from my understanding, you cannot sue him directly. If at all you want to sue him, you have to go via your mother.
Having said that, suppose if you have inherited any property, which your father sold without your permission, then you can sue him as he has not spent it the amount on you for your welfare. So think if you can make use of this.
Now playing the Devil's Advocate:
In your question you say "For the past one year I've been accompanying and assisting my mother in filing lawsuits against him for maintenance, bigamy etc., and I've had to forego two years of post-graduation owing to these pressures, psychological and financial.".
You say that you had to forgo 2 years of PG as you had to run around with your mother filing law suits. So it can be that one fine day you decide to sue your mother also, saying because of the pressure you could not pursue your PG.
Don't take me wrong here, it's just that I am saying that you don't have a proper ground to sue your father.
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1) your mother can file case under DV act against your father and claim compensation for mental torture undergone by her
2) seek maintenance ,right to stay in matrimonial home or alternative accommodation from your father , injunction restraining him from selling their matrimonial home etc
3) you are 28 years old and cannot seek to recover any money from your father .
4) in event your father dies intestate your mother , you and your siblings would be his legal heirs
Being a major, you aren't entitled to maintainence against your father. However, your mother is entitled to maintainence against him ie she can file a complaint for maintenance u/s 128 of crpc. Your mother can also petition filed divorce in family Court and claim alimony there
Your mother can seek compensation from your father under the provisions of the Protection of Women from Domestic Violence but you cannot. Once a son turns major, unless he is suffering from some disability, it is difficult for me to receive any maintenance from the father. However, would advise you to keep all proofs and medical records intact for the future.
1) In this regards your mother will get monthly maintenance sanctioned by court and compensation for all those expenses spend on your education, however it will be bit challenging as court will check your father's current income and expenditure.
Hi,
You may file the case of maintenance against him.
At this stage you cannot sue your father for any damages.
If you were minor then it was your mother's duty to sue your father for all the damages you had to face due to his negligence in taking care and maintaining you people, which was his duty.
As an adult and over 25 years of age you are not entitled to claim any maintenance from your father netiher yoou can claim any compensation for the damages of teh past.
1. Your mother can file a divorce suit against him claiming one time payment of alimony.
2. Filing of any application claiming compensation for causing damage to you by neglecting you may not succeed as per law.
