1) your mother should file DV case against your father seek protection order ,alternative accommodation and maintenance
2) she can also file for divorce on grounds of mental cruelty seek interim maintenance and alimony
My mother is facing verbal abuse from my dad
I need help taking action against my dad, who has been verbally abusing my mom for the past 32 years. My dad married my mom without taking dowry, but now he constantly scolds her for not being obedient to him. He made her quit her job so she could take care of me. For all his failures, he blames my mom, saying her horoscope is at fault. My mom raised me by herself, with financial support from her brother and father, because I am a girl. I am now a graduate and capable of taking care of her, but she won’t leave him because she believes I need to get married, and separating from him would not look good in society. My brother, who is 21, has started failing his exams and doesn’t want to live in such a toxic home anymore. My dad threatens my mom, saying he will transfer all the property to another woman who will take care of him. He wants me to marry a man who has money but lacks character. I’m 31 years old, and both my brother and I are struggling to survive, losing interest in life. We are unsure what to do, as my dad doesn’t allow us to meet or talk to anyone. He is very controlling and a narcissist, capable of acting nice in front of others. He once hit my mom when she refused to sign a blank paper. Now, he is trying to cancel a potential match for me because he didn’t like the good nature of the family and began scolding me and my mom for trying to do things independently. We don’t know how to deal with him anymore. We even tried taking him to a psychiatrist, he refuses. Let me know if you need any further adjustments or assistance!
Asked 9 days ago in Family Law
Religion: Hindu
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7 Answers
Your mother only can take a decision either to continue to live with him tolerating the tortures or to get separated from him.
You and your brother are adults hence you can take decisions independently and don't have to depend on him
- Since, you and your brother likes your mother to live happily , hence you both can take steps for her support and care
- Further, your father cannot force you both to accept his proposal and planning , and being the major you have your right to pass your life and father has no interference
- Your mother can file a compliant before the judicial magistrate under the provision of DV Act for claiming maintenance and residential right from her husband.
- Further, your father has no right to re-marry with another lady in the existence of your mother .
Dear Client,
In the eyes of Indian law, you can sue your father for verbal abuse you have been subjected on you under the Protection of Women from Domestic Violence Act, 2005. It can be filed for complaining for the emotional and verbal abuse and seek protection orders and money damage also. Further, Section 84 of Bharatiya Nyaya Sanhita (previously, IPC section 498A) deals with cruelty including if the act of your father is causing torture to your mother. You are also advised to report the incidences of abuse to the local police station or a women’s helpline number, it’s also wise to record the incidences. You may think of visiting Non-Governmental Organizations which focuses on cases of domestic violence and which can help with legal aid. This can be effectively done when you decide to engage the services of an attorney who has dealt with such lawsuits in the past so that you do not be among the many victims of the many scams.
Hope you find this answer suitable for resolving you query.
1. The legal recourse depends upon the kind of relief your mother wants. For e.g. Divorce, juridical separation, maintenance etc.
2. If intimidation is involved, then you should file a criminal complaint.
Mom can file domestic voilence case against dad
You can opt to file an petition under section 12 of Protection of women from domestic violence act. The act provides for various reliefs such as - Protection Orders, Maintenance Order, Residence Order, Compensation and many more.
