you can offer alternative accommodation to your father
2) seek court orders restraining your father from disturbing your possession of property as he physically and mentally abuses you and your mother
How do i stop my father from living with us?
My father used to mentally and physically abuse my mother and me till i was in school. Then my mother and i left him to stay at some other place once i came in college. During those 2 years, he didn't send us a single penny to support us financially. In october 2018 i got a government job and i have been living with my mom ever since In july 2019 my father became very ill. So once he was discharged from the hospital, i brought him to my place to take care of him and also because my relatives forced me by saying "its the duty of child to take care of his father and if you don't, we will get you arrested". Recently he also underwent a urological surgery. But as he is showing good recovery now, he is again back to throwing his tantrums at us. He is robbing us of our mental peace and disrupting the family atmosphere because of which my work efficiency is getting badly affected. He is a retired government official. 62 years of age. He has his own house and lands in the village and has more than enough money to last his lifetime I want to know if there is a legal way by which i can make him move out of my house because he refuses to leave saying that its his right to stay with me. I don't want a penny of his money and property. I just want him to stay away from my mother and me. Please suggest me what should i do
Asked 6 years ago in Family Law
Religion: Hindu
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15 Answers
1. He refuses to move out and threatens us by telling me that as "he doesn't earn anymore and is ill", its his right to stay with me and if i refuse, he can get me arrested 2. Do i need to get these orders from the district court or some other special court like family court?
Asked 6 years ago
you cannaot be arrested
2) you can admit him to old age home and offer to pay the expenses
3) your father has his own property and is financially independent and can maintain himself
4) you need court orders from district court to direct father to vacate your premises
No right, you can oust him right away. Ask your mother to file FIR. He is self dependent, you are not liable to maintain him. Retaliate relatives back, nothing will happen. Tell your mother to file FIR.
Fuck with arrest, can`t do any thing, on the contrary, your mother can let him arrest.
NO orders require, oust him by force and front your mother if any one come. Lock the door from inside.
Dear Sir,
Disowning your parents or adult children has very limited scope. Basically, you can stop talking and entertaining him. You can put a board outside your flat stating Mr. X is not welcome and advised to keep away from here. You can prevent your father getting your property by a publication in local newspaper and making a will of your property.
You can not change your biological father or children to be someone else by any procedure in the world but can prevent him to take any gain of you or have any dealing with you. You can not escape from maintaining your father if he is financially dependent upon you.
I hope this should help you understand and implement. All these costs very small money.
You cannot throw him out of your house by force.
You can issue a legal notice to him mentioning all his undesirable activities and the mental tortures and humiliation you suffer due to this, hence you may ask him to vacate the house immediately or to face legal consequences if you would approach court to evict him.
1. He cannot get you arrested if you ask him to vacate.
There's no provision in law for that.
You can lodge a criminal complaint against him for his nuisance.
Your mother can file a DV case against him seeking protection and other reliefs.
2. You can file an injunction suit in the civil court.
Your mother can file a DV case in the judicial magistrate court.
If your mother is senior citizen than she can file complaints under senior citizenship act for domestic violence act.
Still she is not senior than under women and child protection act can file complaints against him.
You can't move him out without courts inference. If he hassaes you can throw him
- Since, he used to disturb the family atmosphere , then you & your mother having right to restrained him from interfering and living into the premises you live.
- You should file a suit for Mandatory & Permanent injunction before the court for getting the said order .
- Further, your mother can also file petition under the Domestic Voilence Act , to remove him from the life , and to teach him a lession as well.
- As per law, this is the duty for a son to take care of his parents, but a parent is also under legal obligation to perform his duty as a gurdian of the house.
- You should take legal action against him for removing him from your house & life, and not suggested to throw him .
Your mother can make her leave the house by filing domestic violence case against her husband and demand protection from him through court orders.
He cannot get you arrested for not maintaining him.
1. Under Senior Citizens Welfare and Maintenance Act children are under an obligation to maintain their parents.
2. The remedy in your hands is to file a suit for eviction of your father from your property but you will have to lead evidence to prove that his presence in your house is causing you mental and physical agony as courts will not ordinarily uproot a senior citizen from the house of his son.
See if he is harassing a police.complaint against him can be filed though he is senior citizen he can seek legal help for the physical care and can also file complaint against.you for not taking care so there is no way as such to push him out.
See you can file a police complaint he is harassing you and your mother can also file a suit before court to.evict him though he can take defence.
you can stop him but you need court order.
Section 125 of Cr. P.C states that father, whether natural or adoptive, can claim maintenance from any of their children. in case if father dont have any income source .
Your mother can file DV Complaint against him.
You can file an injunction order before civil court.
Your mother can file DV Complaint against him.
You can file an injunction order before civil court.