1) you are at liberty to stay separate from your father
2) you cannot be forced to stay with him
3)if your father tarnishes your reputation file complaint of criminal defamation against him under section 500 of IPC
Abusive father
I belong to a middle class family in Durgapur, West Bengal. I have completed my masters from an Institute of National Importance. Presently, I am a research scholar in an institute of National Importance. I am well off with my fellowship. My father is really abusive towards my mother and me. He throws slangs and create a tussle even in simple issues. Sometimes he takes resort to physical abuse. He behaves in a very unsophisticated way. He keeps on telling that I have digged out his money which he could have given to his nephews (who are unemployed but who had enjoyed much more financial and mental security than me) In this lock down period, I am confined to my home and cannot return to Institute. Its disturbing my peace of mind and bringing suicidal thoughts to my mind. My question is that if I cut all my relationship with him, and go away elsewhere, then is it possible for him to force me to come back so that he can continue with his slang behaviour? I want to spend the rest of this lock down period in some far off, peaceful place until my Institute opens when I can return to hostel. Also, is it possible for him to tarnish my name in my Institute? If so, what are the steps I must take? I have endured to this day, and if I go on enduring all these wrongs, I will be driven to suicide. So, I want to leave and think that I don't have parents. I am a woman, 28 years old, and I don't have plans of marriage.
Asked 5 years ago in Family Law
Religion: Hindu
16 Answers
You have full rights to live you life on your own conditions and nobody can stop you doing that as per the fundamental rights of the Indian Constitution. That is "Right to Life" .
Hello,
- Being an adult you can take a decision to stay away all on your own if you choose to do so without interference from your father. Once you do this you should inform your parents about your whereabouts to avoid any legal steps. Though you are an adult, until married you are considered to be under the guardianship of your parents.
- One cannot say if he can tarnish your image inn the institute. If he is vengeful, he may write to them about your rebellion and state that you are insubordinate. It would be advisable to take the authorities concerned in your institute into confidence by appraising them about your situation.
- Alternately you must ask your dad to desist from being abusive with you and mother. You have the option to file a case of domestic violence against him. You need to take the call. Your going away would be only a temporary solution and your mother would still be left alone to undergo the torture.
1. You can slip off and live an independent life. You are an adult and cannot be forced back home.
2. If he's tarnishing your institute's image; it is for your institute to take an action against him in this matter. You have no locus in this matter.
No. You are major now and free to lead your own way. None can force you legally to stay with father.
He can create ruckus but this is upto the institute management to let him enter in the premises or not.
Suicide is not an option but if you are sure that you have secure place to stay than only leave. Father abuse is far less which you may face in open world. Decide carefully.
First secure your financial stability.
- If your father abusive towards your mother , then she can file a complaint under the provision of domestic violence Act against him before the court , where she can also claim maintenance and residential right as well.
- Further ,being major age , you are free to pass your life peacefully without his any type of interference . and legally he cannot force you for living and passing with him even being father .
- Further , as you are taking education and living in hostel , then he may cut the expenditure upon the same, but legally he bond to educate you as per his financial capacity.
- Since, you are a woman , hence your father is under legal obligation to take care of you and your education till the time of your marriage .
Without a barrier no one can achieve goal. Suicide is not a solution to bring peace in your life. You are educated and behave matured and face the problems. Never forget that you are major and can live as your own wish. No one can compel to live with them. But you have duty to look after our aged parents .
Running from the battle field make you lose your strength. Believe the strength of law which continuously strengthen by constitution. The DV Act provides that the aggrieved person may approach not only the Magistrate but also the Civil court, Family court or any other courts and seek relief’s including protection orders, residence orders,monetary reliefs,custody orders, and/or compensation orders. The D.V. Act has been enacted to provide a remedy in Civil Law for protection of women from being victims of domestic violence and to prevent occurrence of domestic violence in the society.
The Protection of Women from Domestic Violence Act, 2005 is essentially a civil law, but the legislation has prescribed that courts have to proceed in such cases as per the Criminal Procedure Code (CrPC) for the purpose of effective actions.
File a complaint against father before the near police station or file a petition under DV act. Think more use the law and protection awarded by constitution to citizens
1. Once a person attains an age of 18 years the parents loose all control over him. Therefore if you move away to any place of your choice there is no way your parent can lawfully bring you back without your consent.
2. In stead of leaving the present place I would recommend you to file case under PWDV Act solely or jointly with your mother.
3. In the said proceeding the court apart from directing the local police to restrain him from committing further domestic violence.
4. The court can even go to the extent of driving your father out of his ow house to give you protection in addition to giving monthly maintenance to your mother.
Therefore shun silence and take recourse to law.
Feel free to contact.
Yes you can go a separate place and he cannot force your to come back or hamper you in your fellowship
You can leave your parents you can file a simple letter to local police station and inform the same. You can also give a newspaper publication if required
You being an adult you can decide to leave the house and live separately wherever you feel comfortable and secured.
You need not ask permission from your father for this.
He cannot legally stop you from leaving nor he can bring you back to home against your willingness.
If he is trying to tarnish your name and image in the institute you may initiate legal action against him by filing a defamation case under criminal law.
He cannot compel you to do anything. Youbare a major and a responsible and educated woman and hence you should leave that place and that man although he is your father but his behaviour cannot be the reason for any harm you do to yourself.
You Please write E mail to The Chief Justice of Kolkata High Court on the website of Kolkata High Court and narrate your facts with prayers to get freed from the Custody of tyranny father who beats,assault mercilessly with any causes and reasons.
You have to specify your intentions to continue your study with high intelligence to achieve your dream project in the life which are being restricted by your abusive father.
your parents have no right to dictate any terms on you. For marriage too you have your own freedom and choose your life. I hope you get some idea about term separation. But still your life time you have responsibility to maintain your parents as it is a legal commitment too.
No it is not possible for your father to bring you back to his life if you don't want to stay with him due to his abusive behavior.
You can file a case of domestic violence against your father if you want protection from him.
He cannot tarnish your name in your institute and if he try to do anything which hurt your image in your institute then you can lodge FIR against your father.
- As per the information mentioned in the present query, makes it clear that you and your mother have been subjected to domestic violence as well as harassed to the extent that now you have decide to leave his house as well.
- I would like to apprise you that there is no law at all which can compel anyone major to do what the other says.
- You have all right to go anywhere and cut off all relations as per your own wish.
- If he happens to tarnish your image then you can file a case against him and he would be behind the bars and then he would be taught a lesson of life.
