• Mother and children suffering from domestic violence

We are a family of 5 with 3 children ( 2 girls and a brother) . I am the eldest girl at 32, my younger sister is 26 and my brother is also 26 years old.

My father has been abusing us physically, economically and emotionally since more than last 20 years. He had been beating us with sticks whenever he is angry, curses us all the time and had created an hostile environment for all of us.

I'm married now and hence have moved out from the house, but my mother , sister and brother are still being treated the same way. Not to mention, I 'm still in trauma because they are being beaten the same way even today. Such situations make me remember my horrifying past.

To make things worse, my brother 26 years (youngest of us) is mentally challenged and autistic, so much so that he is even unable to use washroom on his own. My father has kept him in house arrest and doesn't contribute towards his treatment. We got to know about his mental illness as soon as he had struggles in speaking and behaving like a normal kid. However, my father has never enrolled him for any proper medication or treatment of any sort. He beats him daily just as a means to establish his authority over us. Many times this has caused my brother to faint out but my father has never taken him to the hospital.

Just 2 days ago, my younger sister was admitted in hospital because she suffered multiple blows on her head from my father using a stick. This is just one of the many times it has happened ,only this time she had to be taken because the bleeding was too much to control.

He has bullied and assaulted my mother in every way possible and also has squeezed financial authority from her. She is government teacher but has no control over her own finances. Whenever she has retaliated in the past, my father only became more violent and abusive than before.
My father is a perfect narcissist and does emotional manipulation to justify his 'outburst' of anger. 
This has made her go into a permanent state of shock and denial where she refuses to take any legal action. 

My questions are:-

1. How can I stop this atrocity? As I have been one of the victims myself can I file a complain on behalf of all 4 of us?

2. If because of the submissive mental state and trauma my mother is in, she refuses to acknowledge all this in front of police officers, how can I ascertain my claims? Is her confirmation an absolutely necessity to validate the abuses and take action on this matter ? 

3. As a legal evidence I just have one video where my mother and sister were crying in pain and agony after being beaten by him. In case he forces my mother to deny my claims, will this video be enough to expose him?

4. How can I ensure that we get a restraining order against him so that he doesn't arrives at home later and beats my family after we have filed a complain?

5. Can I seek compensation from him for treatment of my brother ?

My father was a Govt employee & had taken VRS in 2020.
Asked 1 year ago in Family Law
Religion: Hindu

7 answers received in 1 day.

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7 Answers

Dear client 

I am so sorry to hear about the difficult situation that you and your family have been experiencing for many years. It is important to take action to protect yourselves from the abuse and violence that you have suffered.

Here are some answers to your questions:

You can file a complaint on behalf of yourself and your siblings. It is important to report the abuse to the police or other relevant authorities, such as a local women's shelter, so that they can take appropriate action to protect you and your family. You can also consider seeking legal advice from a lawyer who specializes in family law or domestic violence.

While it would be helpful to have your mother's support in reporting the abuse, it is not necessary for her to confirm your claims for you to take action. You can report the abuse on your own and provide any evidence that you have, such as medical records or witness statements, to support your case.

The video that you have can be used as evidence to support your case, but it may not be enough on its own to expose your father's abusive behavior. It would be helpful to gather as much evidence as possible, such as medical records and witness statements, to support your case.

You can seek a restraining order against your father to protect your family from further abuse. You can discuss this with the police or a lawyer to determine the best course of action.

It may be possible to seek compensation from your father for the treatment of your brother, but this would depend on the specific laws in your country or state. You can discuss this with a lawyer who specializes in family law or domestic violence to determine your legal options.

Please remember that seeking help and taking action to protect yourself and your family from abuse is a courageous and important step. There are many resources available to help you and your family, including local women's shelters, hotlines, and legal services

Anik Miu
Advocate, Bangalore
8555 Answers
105 Consultations

5.0 on 5.0

Your sister can on behalf of your brother and mother should file DV case against your father 

 

2) seek protection order ,maintenance for brother and compensation for mental torture undergone by her and family members 

 

3) evidence of your sister ,video recording would help in making out a case 

 

4) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
94209 Answers
7429 Consultations

5.0 on 5.0

1. Since he's indulging in such illegal activities continuously, you can lodge a criminal complaint against him for the offences of assault, threats to your lives, intimidation, outrageous behaviour towards adult women and mentally challenged son, acts of cruelty against wife etc., before local police and escalate the issue to court if police is not cooperating.

2. Without your mother's cooperation you cannot force her to complain against her husband.

3. Yes, you can use it.

4. A court order for protection will save you in this situation.

5. No.

 

T Kalaiselvan
Advocate, Vellore
84408 Answers
2131 Consultations

5.0 on 5.0

1. You can file a complaint on behalf of all the family members who have suffered abuse at the hands of your father. You can also file a complaint with the local police station and/or approach a court of law for appropriate relief.

2. Your mother's confirmation is not necessary for taking action against your father. However, it will be helpful if she could testify about the abuse she has suffered.

3. The video evidence you have can be used to expose your father and will be accepted as evidence in court.

4. You can approach a court of law to obtain a restraining order against your father, which will prevent him from entering your family's home.

5. You can seek compensation from your father for the treatment of your brother. You can file a civil suit in court and submit the medical bills as proof of your claim.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

To consolidate and reply to your questions, the best remedy is to file a police complaint.

Rajaganapathy Ganesan
Advocate, Chennai
2130 Answers
8 Consultations

4.9 on 5.0

You can file complaint but the evidence has to be given by other 3 for themselves

Yes if she is filling complaint then she needs to give evidence in court no need to validate it front of police.

 

Yes but without your mother's acceptance your video will of no use

 

You can pray for restraining order and also throwing hom out of the house in domestic violence provisions

 

Yes you can claim compensation

 

 

 

Prashant Nayak
Advocate, Mumbai
31561 Answers
168 Consultations

4.1 on 5.0

1. The said acts of father is against the norms of society and even law. , and hence you can file a compliant against him on behalf of them 

- Further, you can take help of an NGO as well for taking legal action against father.

2. No, her confirmation is not mandatory , and hence you can file a compliant before the police and higher official after narrating entire facts . 

3. Yes, you can also produce the medical certificates /prescriptions for evidence , if you have the same/

4. Your mother, brother and sister having their right to get maintenance and residential right from him 

5. Yes

Mohammed Shahzad
Advocate, Delhi
12923 Answers
186 Consultations

5.0 on 5.0

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