My father is 64 & my mother is 60. My father has always been a drunkard. He has been harassing my mother & us (2 adult daughters) since many yrs in following ways: 1. He has threatened to kill the 3 of us. He has tried it by turning on the gas & letting gas leak over night on 2 separate occasions earlier. (We had not filed an FIR that time although our then neighbours know of one of these two incidents) 2. When he gets drunk he tries to remove 3 of us from our house. He keeps verbally telling us to get out of his house. 3. When he is drunk, he urinates, defecates & vomits in the house. After which he is unable to clean up. We have to live, eat & work in a house that smells like a public toilet. It is unbearable. 4. Since last 30 yrs he has been heavily drinking, random men from outside have lifted & brought him home at odd times. My sister & I had to lift that 80 kgs heavy man & bring home late at night many times 5. When he drinks, he falls or gets injured. He also tries to put allegation on my mother that she harmed him. Most of the times he gets injured from outside. And on returning, he puts allegation on my mother 6. When he is not drunk, he shows no remorse for his actions or respect for my mother. Few Facts: 1.The house we stay in is jointly owned by my mother & father in 50:50 ratio 2. Divorce at such late age is not an option & also 2 daughters are yet to get married. Divorce would add more complexity. 3. His health is at a historical low. Currently he has injured himself & he is being hospitalized for a fracture. 4. My sister has alternate house in another city which she has bought on her own. It is far away from my sisters workplace. The commutation itself will take 5 hours every day. It will be impossible for us to move there. 5. My father would bring home his friends & random men he meets at wine shop. & one time, he brought a man from wine shop. He was not leaving inspite of us clearly insisting him to leave our house. So, we had to call security. If we all move to sisters house, this house will be taken over by such Gundas & it will be very difficult to get it back. Question: 1. What options are available for us to protect ourselves from the allegations of my father? I am about to install CCTV in my residence. Does it help? What other legal remedy should we approach? 2. Because of the death threat, I am unable to pursue a career that would require me to move out of the house. So I work remotely from home so that my father doesn't inflict any harm upon my mother. Is there any legal remedy where in our safety can be guaranteed. 3. How can we separate ourself from my father. We certainly don't want to stay together again - ever. 4. How we make sure the flat is not mis-used by my father.
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You and Your mother can file DV case against father seek protection order ,maintenance from father ,injunction restraining sale of flat by father
2) install CCTV cameras in flat
3) record his abuses
4) file police complaint against father for his abusive behaviour
Yes cctv will help
Your mother can file domestic violence case and get him out of the house by providing alternative accommodation to him.
Your remedy is to file a criminal complaint against him under Section 19 of the Protection of Women from Domestic Violence Act, 2005 in the Court of Magistrate.
Under Section 19 you can obtain the following orders…
An order will be passed by the Court directing him not enter within a distance of 200 meters of the house. A direction will also be issued to local police to ensure that such orders of the Court are enforced and if such order are violated, the concerned police will be held responsible. Any woman of the house can file such complaint.
Madam,
Madam you all three are suffering from very bad phase of life. But, it is suggested that the legal resource is not only the available remedy in all situations. So, you may take help of addiction therapy/centre for your father. This will prove and make a valuable record for you that he is an addict and his actions in relation to alienation of joint property with mother. Also, try to get his will or gift deed in relation to that property on your or mother's name. Be vigilant and tact to resolve the issues. You will come out of all the problems.
Dear Client,
Under section 209, IPC , anyone who fraudulently or dishonestly, or with intent to injure or annoy any person, makes any false claim, can be subjected to imprisonment for a term which may extend to two years, and shall also be liable to fine.Under section 506, If threat be to cause death or grievous hurt, etc – and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, of with imprisonment for a term which may extend to seven years with fine or both.If in case you have been subjected to violence as a result of mental harassment or feels that his peace has been affected, then, he/ she must file a Complaint or register an FIR (First Information Report) and file a criminal case against the respective employer followed by sentencing.You can file a complaint in the nearest police station, the police will record everything you will tell them. The police will be aware of the torture you are facing; they will have all the evidence and records essential for future proceedings.
Thanks & Regards
1. You cannot make your father to become alright neither you can stop from drinking.
The alternative is that you all shift to some other place to avoid any damage or harm to you people.
Since your mother is the joint owner she can file a suit for partition and seek her legitimate share in the property with separate possession.
She can even file a domestic violence case against him seeking protection from him.
2. & 3 See the above answer.
4. You can seek an order of injunction from court against his misuse.
