Mother can file complaint under domestic voilence law and get him out of the house also can take restraining order from him. She can also file divorce in long run
Disowning abusive father legally
Hi We are a family of five. My mother father and my two married sisters who are well settled. I am a 33 year old physically disabled(met with a life threatening accident) son of a very very abusive father who tortures and abuse me and my mother everyday mentally and physically. He does everything his way nd make us also do his way making our lives miserable even though he is not earning anything from past 20 years. Though my father has helped me in coming back to life, taking me to hospital and doctor visits and helped in all the visits to different places pertaining to my treatment after accident but he has never supported us emotionally.Rather bragged of his own duties and never understood me as a father. As of today we live in a property(3 bhk flat) under mine and my mother's name which was bought after selling my father's property. Legally my father does not have his name registered on this current property. I am currently in notice period and does not have any new job in hand and my mother is simply a housewife. So financially we are just meeting our needs. And me and my mother want to live separately from this man as we are very disturbed mentally with this daily abuse and getting affected physically daily. Is there any way by which we can legally push him out of this house without giving him any maintenance or bare minimum one time allowance on grounds of abuse. Please suggest. I am in dire need of some solution to get rid of this abusive father. Thanks
Asked 4 hours ago in Family Law
Religion: Hindu
4 Answers
Mother can file domestic violence case against your father seek protection order
2) if father violates protection order and abuses your mother she can approach magistrate to evict your father from the residence
Your situation is serious, and the law does provide effective protection, especially since the property is in your and your mother’s name.
First and most important:
Since your father has no ownership rights in the flat, he cannot claim a right to stay there against your wishes. His earlier contribution (sale of old property) does not automatically give him legal ownership unless it is reflected in title documents.
You and your mother have the following strong legal remedies:
You can file a complaint under the Protection of Women from Domestic Violence Act through your mother. Under this law, the Magistrate can pass:
- Residence order directing your father to vacate the house
- Protection order restraining him from committing abuse or entering the premises
This is one of the fastest and most effective remedies.
Additionally, you can:
- File a police complaint for physical and mental harassment
- Seek immediate intervention if there is threat or violence
You may also initiate:
- A civil suit for injunction to restrain him from interfering in your peaceful possession
- Police assistance for enforcement if required
Now, regarding maintenance:
Even though he is abusive, as a father he may claim maintenance under law if he is unable to maintain himself. However:
- If he is capable but deliberately not working, courts may deny or reduce maintenance
- His abusive conduct can be taken into account
- Maintenance, if any, is usually modest and not automatic
So, you can still proceed to evict him, but maintenance is a separate issue and not a bar to removal from your property.
Practically, the best immediate course is:
- File a Domestic Violence complaint through your mother seeking eviction and protection
- Simultaneously keep record of abuse (messages, recordings, witnesses if possible)
- Avoid confrontation and proceed legally
Given your medical condition and ongoing stress, courts are generally sensitive to such situations and can grant relief.
In summary, you can legally remove him from the house, and the Domestic Violence route is the most effective and immediate remedy. Maintenance, if claimed, will be decided separately based on facts.
You and your mother can take action under the Protection of Women from Domestic Violence Act, 2005 even though the abuser is your father/husband, this law applies.
You can pray before the court for protection Order, to restrain him from abusing, threatening, or contacting, you may seek residence Order, the court can remove him from the house, or restrain him from entering certain portions, seek Police protection and compensation for mental & physical abuse. Since the property is in your and your mother’s name, your case is much stronger. He has NO ownership rights in the property he is only staying there as a permissive occupant hence the DV act will come to your rescue and you may get fast remedy.
You can send notice revoking his permission to stay.
You can file a suit for eviction and possession through a civil court to evict him and take possession
