• Family problem

My mother is housewife. she lives with me. My father has cancer but he is now very ok.
The problem is that my father beats my mother daily and i dont leave there with my mom. I live away from my family for job purpose.
My father beats my mom daily and threatens her by saying that i will kill u soon. My mom gets afraid.
He tried many times to kill my mom, but someone was there to help her many times. But how many others will help.

My father sent us notice for Alimony. Please help me. we are fed up of my father, tell something that he should get arrested in violation of Women security laws 2005.

Please help.
Asked 2 years ago in Family Law from Gadchiroli, Maharashtra
Religion: Hindu
Being the son you should have taken the mother and kept her with you only.
If not done then do it immediately and ask her to file such cases against her husband.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
1. You shall have to decide whether you shall take drastic step against your aged & terminally ill father or not,

2. It is also a fact that you shall have to ensure your mother's safety and peace of mind,

3. If possible, take your mother to your place of work leaving your father where he is now residing,

4. In normal case your father is entitled to claim maintenance from you but not alimony,

5. If you can not take your mother alongwith you to your place of work, then collect evidence of your father's beating your mother & lodge a FIR before the police,

6. Since your father is a cancer patient, police may not act being soft on him,

7. My suggestion is to seperate your mother from your father at the earliest,

8. Handle the matter carefully since it is very delicate in nature.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. Alimony is asked by wife from the husband,

2. In your case your father can ask maintenance from his children u/s125 of Cr.P.C.,

3. For the said maintenance claim from his children, your father has to file petition before the Court wherein all of you shall have to appear & after hearing both the sides, the Court will pass order on the amount of maintenance to be paid by all of you depending on your earnings, if at all the Court decides that your father should get maintenance amount,

4. Since, you are not earning, it is likely that you shall be spared,

5. However, the entire process will take time & your terminally ill father may not survive till then.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
you should file DV act case through your mother against your father
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
1) since your father beats your mother regularly your mother should file DV case against her husband and seek protection order from court . she can demand right to stay in matrimonial home or alternative accommodation . 

2) merely because your father is cancer patient does not give him licence to beat your mother mercilessly daily . 

3) your mother can also lodge police complaint against her husband  if he threatens to kill her . 

4) your father cannot claim alimony . at most he can claim maintenance from his children .
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1) you have not mentioned whether your father is getting any pension in his old age or not . if your father has no means to support himself he can seek maintenance under Maintenance of Senior Citiziens act .

2) court can direct his sons to pay him maintenance upto Rs 10,000 per month . 

3) in the alternative your father can also make application under section 125 Cr Pc 

4) since you are un employed you may not have to pay maintenance to your father
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. Legally speaking your mother can file a police complaint against her husband for physical torture and criminal intimidation as he has threatened to and attempted to kill her many times. In addition thereto she can also file a case for domestic violence against him. Since it will be unsafe for your mother to live with her husband and yet prosecute the above cases you may bring her to your house. 

2. Your mother can seek an order of protection from court against her husband on the violation which your father can be imprisoned by court. She may also obligate him to arrange alternative accommodation at his expenditure for her.

3. Your father cannot demand alimony from you. If he does not have sufficient financial resources to support himself then he may at the most claim maintenance from his children. Since you are yourself unemployed the court may not fasten you with the burden of giving financial support to your terminally ill father.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. Are your siblings unmarried and living with your parents? If yes, there is no recourse except to file a police complaint and a case for domestic violence against your father. 

2. Your father can reciprocate by filing a case for maintenance under Maintenance of Senior Citizens Act against all of you which you may rebut by as you are unemployed.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Ask your mother to file complaint under Domestic Violence Act and get reliefs.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
I think your father needs counselling because inspite of having a fatal disease like cancer you say that he beats your mother. There is something wrong in his mental health also.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
You or your brother and sisters may file a domestic violence case against your father before court under section 12 of Domestic violence act for protection
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Yes. handle the matter carefully since he appears to be mentally unstable and also as he is terminally ill.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
thanks for your appreciation .  let your mother file  counter case against your father under Dv act
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
.Its my pleasure.  We are all here to help you.  You are welcome to ask any query.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
Thanks for your appreciation.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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