• Father's illicit relationship

I am a 22 year old girl. My father has illicit relationship and when i and my brother tell him to get back to normal ways by refraining from such activities he misbehaves with me, verbally abuses and even threatens to kill me and harm me and my brother. he even refuses to give our daily allowance. What step should we take?
Asked 2 years ago in Family Law from Faridabad, Haryana
Religion: Hindu
You can file a case for maintenance from your father. this way your brother and you can get allowance from your father in compliance of courts' order.
Thanks.
-- 
Tulika  Prakash
Advocate-on Record, Supreme Court of India

Proprietor:
TULIKA PRAKASH AND ASSOCIATES
Regd. off. 15th level, Eros Corporate Tower,
Nehru Place, New Delhi.
SC off: 308 C.K. Daphtary Block 
Tilak Lane, New Delhi-110001
Res./Off: A-34 Sector 52
NOIDA, U.P.201301
M:+91-8527745551
      +91-9560265875
T:  +91-11-66155080
Tulika Prakash
Advocate, Gurgaon
113 Answers
66 Consultations
5.0 on 5.0
under section 125 or the Cr.P.C. you can file a case before family court of your district through your counsel by you and your brother against your father.
As you present the case alongwith an application under section 125(3) of the act, withing 3 months most probably you will get an order for interim relief as a bread and butter figured amount from your father, as per law.
Further the case will decided after complete trial then a final amount will be ordered from court for your maintenance until you both get able to earn yourself.
Mahesh Vyas
Advocate, Bikaner
21 Answers
0 Consultations
Not rated
you can file case under DV Act against him for threatening to kill,etc.seek protection, prohibition, maintenance,even separate residence. You and your brother may file complaint against him in police.  You and your brother can also file application under section 125 Crpc but under this you and your brother will get maintenance order.You have not mentioned about your mother.For details and or legal help you may call.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1) is your mother alive ? if so she should gather evidence of her husband extra marital affairs and confront her husband with them . 

2) next time your father threatens you record his conversations and lodge police complaint against him .

3)you can file complaint under Dv act and claim maintenance from your father . alos seek protection order against his threats 


4) in the alternative file application under section 125 CR PC and seek maintenance from your father for your self and your brother
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
1. You may lodge a police complaint against him to the nearest police station for threatening to kill you and your brother.

2. You may also file a complaint under DV Act in court to seek protection from physical and verbal abuse and also to claim maintenance from him. Once court orders him to cease threatening you he will be under an obligation to honour the court orders.

3. Your mother, if she is alive, may file for divorce against your father after collecting proof of his infidelity.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. Is your mother alive? If yes, ask her to lodge a police complaint alleging adultery practiced by your father,

2. Your mother alongwith you and your brother can file a DV case against your father praying for maintenance and protection,

3. You can also lodge a police complaint alleging his threats and file a petion u/s125 of Cr.P.C. for maintenance.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0

Ask a Lawyer

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

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
438 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0