• My father is trying to kill my mother

My father is a violent and aggressive person who had many affairs in life. I recently caught one of his affairs and he has no remorse. He used to beat me, my sister and my mother. He physically choked my mother in front of me when I was small. He recently contracted covid and spread it to me and my mother. He did not even call an ambulance when my mother was feeling breathless. Now he is trying to re-infect my mother by calling sick housemaids in the house. He does this because he is scared that the property will be split if any divorce happens.
Asked 3 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

You have many options. Law is in favor of women. He doing this because you are tolerating it once you enforce your rights he will realize his mistakes and mend his ways. Following  remedies are available to you and mother against him…

  1. Under Domestic Violence Act, 2005—
  2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police against that threats issued by him. A notice  will be served on him and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
  3. Protection order prohibiting /father husband from—
  4. committing any act of domestic violence;
  5. entering the place of your employment;

  • attempting to communicating with mother/ you;

  1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
  2. Residence order. Police will force your father/husband to give shelter in the shared house and restrain him from dispossessing you.
  3. Monetary reliefs:
  4. To meet the expensed incurred and losses suffered as a result of domestic violence;
  5. Loss of earnings;

  • Medical expenses;

  1. Maintenance for wife and children;
  2. Lump sum payment.
  3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.

  4. Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child.

  5. Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
  6. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

Employed or not, he is bound to pay for maintenance of his son. It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony compensation running into lacks. His son has right to share in his property.

It is strongly advised that you should…

  1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
  2. Restrain him from house transferring as the same belongs to you son.

 

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

1) your mother should file for divorce on grounds of mental cruelty 

 

2) seek interim maintenance and alimony from husband 

 

3) she can also file DV case against your father 

 

4) seek protection order, maintenance from husband 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

You should take mother to government hospital to get medical report if he physically hurt her.

 

If she does not want divorce then she can file Domestic violence to get protection, separate residence, maintenance etc.

 

If she want divorce then it will be easy as both children can be witness of cruelty. 

Property will not be split (he wont be able to sell) but he have to pay maintenance to all of you.

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

- without taking legal action this problems cannot be removed , hence you can take action against him without any fear .

- You mother should lodge a compliant against him for the said behavior , and further you can also give the compliant as well after mentioning all the details 

- Further , on the ground of extra marital affairs , you mother can apply for getting divorce.

- Further, she can also file a compliant before the court under the provision of Domestic Violence Act , and thereby she can claim maintenance and residential right as well. 

- Further, you can also compliant against him for spreading the infection and to call house maid, as such type of act is against of law , and he can be booked under section 188 IPC. 

 

You can contact me , if details suggestion needed . 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

Hello, 

  1. Your mother can file a DV complaint either in the court or through police. This can protect you from atrocities and even keep him out. 
  2. Nothing stops your mother from filing for divorce even while she is living with your father. 
  3. For bringing in sick housemaid, you can resist the same and file a complaint with the police against continued torture and abuse. 

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

1. If the property stands in his name, it will not be split in case of his divorce with your mother.

 

2. You can report the matter of his trying to spread Corona Virus to the police.

 

3. Your mother can file DV case and also divorce suit if she feels like claiming maintenance from him.        

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

If it is no more possible for your mother to continue with this married life with him, she may decide to quit the same by filing a divorce case on the grounds of cruelty.

If your father turns cruel and resorts to assault or cause harm and bodily injuries, she cn approach local police with a criminal complaint against him.

If it is no more possible to live with him under the same roof, you may even plan to shift your residence with your mother to some other place instead of living in the same house and face the endless sufferings. 

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

File a criminal complaint against your father for criminal intimidation grievous hurt and other offences.

A domestic violence case should be filed by your mother and sister.

 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Immediately your mother should file DV Case for protection  and maintenance from your father.

 

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

Dear Sir,

1) Your mother should file a divorce case based on cruelty.

2) She should also  file a domestic violence case and ask for protection and residence orders from the court.

3) Approach the local police station and file complaint against father for grevious hurt and attempt to murder, Sec 271 for malignantly doing any acts to spread life threatening disease and sec 278 of the IPC against your father.

4)  You can also tell the infected maids that you will file criminal complaint against the if they enter your house. For criminally and willfully trying to cause infection.

Thank you

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

Your mother should report him to the Police.

 She should also file a complaint under the Domestic Violence ; and should not be tolerating this domestic abuse any further. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

You can file a police complaint against him. Your mother can file a domestic violence complaint against him and get him evicted from house

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1. Why don't your mother and you move out of the house to a different place?

2. If he is breaching the Covid protocol by calling 'sick housemaids' then immediately call police and file a written complaint against him. He can be arrested under Disaster Management Act.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer