What are my rights?what are my mother's rights?
I am an 18 years old girl.My father is a handicapped person and a rich man.He abandoned me and my mother since my mother was pregnant.It was only after 5 1/2 months after their marriage.My father never gave any money for life during her pregnancy and also till i am one year old.till one year old me and my mom was completely under the care of my mother's relatives.after that he started to give only 400 rupees to live.It wasn't sufficient to live for us.He gave this 400 rupees till i am 9 years old.when i am 10 years old he started to give 500 rupees.He never give any money and support for my education.i studied in a school were poor students studying near my house.There wasn't any contact with he and us till i was 10 year old.when i was 11 years old he started to give 1000 rupees and started touch in with us.but it was also not sufficient for life.we again depended my mother's relatives.and after that when i reached eighth standard he started to give 2000 rupees per month.He married an another women and have one daughter and one son in that relation.he never give me any consideration as a daughter.He didn't give me a father's love,care and protection,My mother didn't married secondly.He gives his kids good education and royal life.It is very hard to live with this little money.now he is in contact with us.when i ask him money for my needs he will say he is very poor and all the properties are his mother's and father's and his second wife and kids are living with not his money and they are under the care of my parents.we have no own house.we are living in my mother's house.when we get share from it is also will not be sufficient to buy an own home.He is also careless about my higher studies.he always says he have no money and no any properties.what i will do?will i get my share?will i get my rights as a daughter?what are my rights as a daughter?
Asked in Family Law from calicut, Kerala
you and your mother can claim maintainence under 125crpc from your father
Advocate, New Delhi
your mother should file complaint under DV act and claim right to stay in matrimonial home or alternative accommodation . she should also seek maintenance from her husband . she should also seek compensation for mental torture she has undergone . you are also entitled to maintenance from your father . contact a local lawyer and make application under DV act
Why have you and your mother not taken any action so far. Anyway, your mother can file case under Sec.125 Cr.PC for maintenance for self and you. Besides, she can also file case under DV Act for compensation ,maintenance, right to stay in matrimonial home or alternate residence and rent etc. You must engage a local lawyer for legal help.and feel free to call.
Advocate, New Delhi