My father is an untoleratable person who was abusive and reckless with me, my elder brother and my mother. He performs unnoticeable actions like wetting our cloths into acid making it unwearable, spoiling food and making us struggle after coming from work, putting back stuffs from dustbin back into our daily usage articles unnoticed. He used to call my lecturers at college and give a very bad impression on me, causing me to loose a good rapport. He shouts and creates a huge noisy mess at times, even during late nights when asked to stop doing such things, falsely tells my relations and neighbors that we ill treat him and threatens us that he will sell our house that my mother built all alone and ruin our plans of my higher studies and progress. He is now recently being stealing little things like silver articles, costly eatables like cashews, watches, etc. without our notice and blaming on our domestic helper who works for five other houses in my lane with a good feedback. Its a lot of stress to handle apart from our financial burden, societal pressure and our personal lives. He does most of these things to my mother who is 56 years old, a govt worker. She has spent her whole life cleaning up his mess from when he got heart-attack eating junk and getting drunk outside till the recent accident that he went without informing. He is around 65 yrs old with no job. Its me, my brother, my mother and his wife who live, all of us employed and are busy the whole day. Please provide me some solution how to get rid of this man as we are helpless and are unknown of what to do. We have to think twice or thrice leaving the house to go out though locking most of the things in the house as my father has stolen the keys from us without informing us and creates a mess when asked back. Please help me!
1. It's unfortunate to know the mis-behaviour of your father towards his own family members.
2. Please take him to Family Counselor/NIMHANS Hospital to cure his problem.
3. If the title of the house is in your mother's name, your father can't sell the house.
4. Very sorry to say this. Admit him to Old age home.
Your mother should file DV case against father seek protection order , injunction restraining sale of house by father
2) also file police complaint against him for his abusive behaviour
If all of you are independent and not dependent on your father for any reason then you ma decide to leave the house and start living in a far off place away from your father.
If you are not able to confront your father properly and control him physically then it is waste to live with him under the same roof and continue to suffer his tortures.
Since your mother and your siblings are employed, you may better plan to leave the house.
If the house is on your mother's name, she can file an eviction suit against him besides filing a DV case against him for his acts of domestic violence and cruelties against her.
No police complaint would be maintainable for the petty offences you stated that he commits.
If he is indulging in physical assaults, being an aged person, you all can easily overpower him and bring him under control and also can drive him out physically, let him look for legal ways to get relief, which can be challenged based on his past undesirable deeds.
You can leave his place and later give public notice in newspaper for the same
- Since the acts of your father is amounts to cruelty and harassment upon all the family members , hence you can lodge a compliant before the police and higher official against him , and further prayed for a counselling .
- Further, your mother can also file a compliant under the provision of domestic violence act against him before the magistrate.
- If you don't wanted to take any legal action against him then approach the old age home for his counselling
Thank you for the answers sir. All my mother has aspired to do was to build a house as my father never encouraged any sort of support where it made my mother more dominant. And though we all are employed, we have our own monetary debts and loans to be full-filled, mostly educational loan. So changing our house has a lot of financials involved, and practically impossible and we don't want to let him destroy this one possession we have. And he has also got to know that any of his physical action to destroy can be over-powered, if it is happens in our presence. So, he performs such unnoticeable things causing us a lot of loss of money and harmony at home, for which we don't have any proof of his deeds like a video or anything. However, as per the suggestion on the Old-Age Home, what acceptance criteria should I be clear off before I am planning to submit him? I mean like, are there any mutual acceptance involved between us and my father for him to accept to go there, which will definitely be denied by him!? Are there any concerns that I must be aware of, which involves him in demanding any of our immovable property or a huge lump of money because he is dependent? Can you please iterate the process? And are there any ways he can demand our property or huge money while we plan to separate?
No he can't demand your self acquired property. He can only demand maintenance from you if he is dependent
If your father is unable maintain himself he can seek maintenance from his wife and children
If the property is not on your father's name, he cannot demand even a share in that property asa right at least not during the lifetime of your mother i.e., the owner of the property.
She can very well issue an eviction notice to him.
She can even initiate action legally to evict him from her own property.
He can claim maintenance from your mother, if he is not having any income to sustain his day to day expenses.
He can seek maintenance from his wife because she is employed and earning a good income, but for that he has to approach court of law only and not that he can sit at home and pass on dictates.
She can refuse to give him any money other than by an order of court.
Your mother can force him out of her house property by following due process of law, it does not means that she can force him take refuge in a old age home. Your mother can file a domestic violence case also against him for his physical and mental abuses unleashed against her.
In fact neither you nor your siblings have any rights in the house property hat belongs to your mother, hence you cannot ask your father to leave the house, if you are not able to tolerate his tortures, then you may have to leave the home instead of asking your father to leave it, which would become a criminal offence against you.
- if the properties are in the name of your mother or any family member , then he cannot claim
- Further , your mother can lodge a compliant before the Old age home for his counselling and treatment .
- Further, your mother can also claim maintenance from him even he is working or not .
Living seperately is the only option.
As a senior citizen and a father he can claim maintenance for his normal living if seperated provided he is infirm or having no source of income or property.
He can not claim any property acquired by you or your other family members.
Dear sir/ma'am,
You can file a Domestic violence case against your father and seek protection and injunction retraining sale of house by father.
Also a police complaint can be filed against him but there is chance that the police would entertain these matters
Also if the property is a self acquired property then he doesn't have any right over it, but he can seek maintenance from you.
Thank you
