• How to take action against abusive father

My father is extremely alcoholic and abusive, he has attempted so many times to kill me my brother and my mother, he does not give us a penny, rather we 2 depend on our mother who is a nurse, we have filed complaint in the local police station so many times, but my father who is a teacher by profession uses his political influence and the police doesn't take any action, please guide me as we are living in hell
Asked 3 years ago in Family Law
Religion: Hindu

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10 Answers

If the police is not effective in the legal action against your complaint then you may approach judicial magistrate court with an application under section 156(3) cr.p.c. seeking direction to the concerned police for initiating proper legal action on the complaint pending before them.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

your mother can live separately.

She can file DV case asking for maintenance and residence.

 

You/she can file private case also to lodge FIR.

Children can also file complaint on father for violence. 

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

Dear Sir,

You can follow the following steps if the police has not taken any action on your FIRs-

1) Write an application to the Superintendent of Police concerned, by post under clause 3, Section 154 and Section 36 of the Criminal Procedure Code who in case of a cognizable offence, can either investigate the case himself or direct any police officer subordinate to him to investigate the case.

2) You also have the option to make a private complaint to the magistrate under sec 200 CRPC to take cognizance.

3) Your mother should file a domestic violence case and ask for protection and residence orders against your father. The court will order your father to move out in such a case.

Thank you

 


Dear Sir,

You can follow the following steps if the police has not taken any action on your FIRs-

1) Write an application to the Superintendent of Police concerned, by post under clause 3, Section 154 and Section 36 of the Criminal Procedure Code who in case of a cognizable offence, can either investigate the case himself or direct any police officer subordinate to him to investigate the case.

2) You also have the option to make a private complaint to the magistrate under sec 200 CRPC to take cognizance.

3) Your mother should file a domestic violence case and ask for protection and residence orders against your father. The court will order your father to move out in such a case.

Thank you

 

Anik Miu
Advocate, Bangalore
8851 Answers
110 Consultations

4.7 on 5.0

Get separated from him and severe all connections from him. There is no point staying with him under the  same roof.

Meet the higher police officers to act upon your complaints.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

- Legally , your father having no right to claim over the income of your mother , and your mother having right to claim over his property and maintenance etc. , even she is working lady.

- Further, your mother can file a compliant before the court under the Domestic Violence Act against her husbands harassment. 

- Further, she can also claim maintenance and residential right from him, and you being son , if not working can also claim maintenance and education expenses from him.

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

1) your mother should file DV case against your father seek protection order and injunction restraining sale of matrimonial home 

 

2) she can also seek maintenance for minor children 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Hello,

  1. Assuming you are a girl, you or your mother can file a Domestic Violence(DV) case against your father being atrocious and not maintaining you. This can either be done through the police station or through the help of a lawyer locally through a complaint in the court.
  2. IF the police is not doing their job in registering an FIR, which they should have if there attempt to murder and assault on part of your father, you have the option to approach a Magistrate court to get a private complaint lodged which would compel the police to investigate and get FIR registered.
  3. Engage a lawyer locally to assist you with the process.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

If the local Police is not registering a case against your father on account of your father's influence, write to the higher ups/higher officials in the Police Department with a request that the local Police Station be directed to take cognizance of your complaint and lodge a FIR against your father. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

1. You can file a Writ Petition before Calcutta High Court against police inaction praying for direction upon police to register FIR, investigate and acrt as per law based on your said complaint.

 

2. Your mother can also file DV case against your father before the Court as your place.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Tell your mother to file domestic violence complaint against him and evict him from the house. also ask alimony from him

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

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