• Domestic violence and father doing partiality

Hello Sir,

Please suggest on the following matter.
 
My father continuously tortures my mother mentally and sometimes physically also.

It is been 25 years they got married and they both are acting in front of society (as they are husband and wife) just because my mother is very much innocent and selfless. She is staying with us and taking all these pain just because of my sister (as she is not married yet ).

My father is a professor and drawing more than 14 l/a, but we are leading a very miserable and pathetic lifestyle. We are staying in a small Govt. Quarter (rent 5000). My mother is 50 and still working all day long without complaining about any thing. We don't have any servant and she does all the household works. When we talked to our father about a good house and servant he refuses and asked us to get out of the house.

But i think its enough now and i am tired of witnessing all these things. I cant take these sufferings and mental pain any more. 

I am a s/w engineer (salary-20k/m) and i have to pursue my MBA. My father asks me to get loans from bank and pursue your MBA. He always tells my sister to get loans and to get married by herself.

He has got many investments and throwing all his money to his village. We don't have our own house in Bhubaneswar, our home town. There are only 3/4 people in village but he is giving most of his money for a two storied luxurious building there.

My mother wants to get a divorce and need a permanent settlement to lead her own life. She is leading a very poor life and is getting humiliated every moment by my father only because she loves us and thinks about our future. Now she came to know that the only thing my father wants is money, He has got no sentiments, emotions about his own family (wife, daughter, son). He is a big show off and spends his money in his own way. My mother is too heartsick to fighback and wants alimony ( To lead her and daughter's life, Daughter's marriage, Son's MBA) to get separated from him.

Please suggest how to proceed. Your suggestion is highly appreciated.
My Email - sasank.cat@gmail.com

Regards,
Sasanka
Asked 2 years ago in Family Law from Bhubaneswar, Odisha
Religion: Hindu
Dear Querist
your mother may file a domestic violence case against him before court of law u/s 12, 17, 18, 19, 20, 21,22 & 23 of Domestic Violence Act, 2005 and claim protection, residence, maintenance, compensation and custody.
Protection orders ,After giving an opportunity to the aggrieved person and respondent of being heard and the magistrate is satisfied that a prima facie case of domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person prohibiting the respondent from the following acts such as Committing any acts of domestic violence Aiding or abetting in the act of domestic violence, Entering the place of employment of aggrieved person or if the person is child, its school or any other places Attempting to communicate in any form including personal, oral or written, electronic or telephonic contact Alienating any assets, operating bank account, bank locker held or enjoyed by both parties jointly or singly by the respondent including her sthridhan Causing violence to the dependents, or other relative or any other person who give the assistance to the aggrieved person or Committing any other acts specified by the protection officer.

Residence orders
The magistrate being satisfied that a domestic violence has taken place, pass residence order-

Restraining the respondent from dispossessing or in any manner disturbing the peaceful possession of the shared household
Directing the respondent to remove himself from the shared household
Restraining te respondent or his relatives from entering any portion of the shared house hold where the aggrieved person lives
Restraining the respondent from alienating or disposing of the shared house hold or encumbering it
Restraining the respondent from renouncing his right in the shared household
Directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her or to pay rent for the same if the circumstances so require.
No order shall be made against women under this section. Magistrate may impose additional condition and pass any other order to protect the safety of the aggrieved person or her child. Magistrate is also empowered to order direction the concerned station house officer of the police station to give protection to the aggrieved person r to assist in implementing his order. Magistrate may also impose on the respondent to direct stridhan or any other property or valuabale security she is entitled

Monetary relief
The magistrate may direct the respondent to pay monetary relief to meet the expenses of the aggrieved person and any child as a result of domestic violence and such relief include

Loss of earnings
Medical expenses
Loss caused due to destruction or removal or damage of any property
Pass order as to maintenance for the aggrieved person as well as her children if any
Including the order under or in addition to an order of maintenance under section 125 criminal procedure code or any other law.

The quantum of relief shall be fair reasonable and consistent with the standard of living to which the aggrieved person is accustomed to. Magistrate can order a lump sum amount also . On failure of the respondent to make payment of this order, magistrate shall order employer or debtor of the respondent to directly pay to the aggrieved person or to deposit in the court a portion of the salary or wage due to the respondent. Magistrate can order a lump sum amount also . On failure of the respondent to make payment of this order, magistrate shall order employer or debtor of the respondent to directly pay to the aggrieved person or to deposit in the court a portion of the salary or wage due to the respondent.

Custody orders
Magistrate can grant temporary custody of any child or children to the aggrieved person or to the person making application on her behalf and specify the arrangements for visit of such child by the respondent. Magistrate can refuse the visit of such respondent in such case if it may harmful to the interest of the child.

Compensation orders
Magistrate may pass order directing the respondent to pay compensation to the petitioner for injuries including mental torture and emotional distress caused by the acts of domestic violence committed by the respondent.

Copies of orders passed by the magistrate shall be supplied free of cost to the parties concerned and police officer and service provider

Any relief available under this Act may also be sought in any other legal proceedings before a civil court,family court or criminal court and such relief may be sought in addition to and along with relief sought for in suit, or legal proceeding before civil or criminal court

You mother may file a contested divorce petition against him u/s 13 (1)(i) of Hindu Marriage Act, 1955 with section 24 & 25 of HMA for divorce, maintenance and Alimony before Family Court.

You Mother may file a maintenance petition before family court u/s 125 of Cr.P.C for maintenance too.
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
1) your mother  can file for divorce on grounds of mental cruelty . 

2) she can seek maintenance for herself and her daughter . 

3) in the alternative your mother can file DV case and seek right to stay in matrimonial home or alternative accommodation . 

4) she can also seek protection order against her husband and compensation for physical and mental torture she has undergone 

5) she can also seek maintenance in DV case . 

6) as far as you are concerned you are a software engineer and working . you have to arrange funds for your own further studies
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
As far as your issue is concerned why don't you support the family with your income and get her a servant and you and your sister help her in chores . since he earning this much talk to him patiently and you too support your family . If you can't succeed in proving you will be at loss. She can file a dv case but if she can't submit proof all will be in vain . even in divorce too proof is needed if you apply in the ground of cruelty . If he goes away you can attach his salary if govt only as maintsinence otherwise if he moves else where you won't get it . If he doesn't agrees for divorce it will take years to get
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. After carefully scrutinising your query I failed to find much ground in your mother's seeking divorce,

2. Your father's fault, as per you, is that he has taken a small Givt Quarter and does not allow/lead luxurious life as per your expectation,

3. These are the difference between expectation from him and the reality,

4. Similarly he might also have expectations from you which is far above the reality,

5. He is well within his right to tell you to fetch for yourself when you are already an adult and drawing Rs.20 K salary being a S/W Engineer,

6. Divorce suits are to be filed on the prescribed grounds acceptable to the Court otherwise it will not be granted,

7. In anicase your mother will not get any maintenance for your persuing MBA,

8. Settle the matter amicably with your father and do not put your mother to misery at this age.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Hi, ask your mother to file a divorce petition on the ground of cruelty meted out against your mother she can a divorce petition on the ground of cruelty.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
your mother can file petition for separation from your father and for maintenance for herself.You can take care of your mother as you are earning.  Arrange servant of her.If possible live separately from your father. Best course would be to sort out issues with talks instead of moving to court and causing more harassment to your mother.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Hi,
 Your mother can file for a divorce on grounds of cruelty and it has to be proved in the court. She can ask ofr maintenance since she is not working . while staying in the house she can file for divorce on grounds of cruelty and desertion provided that she has no physical/sexual relationship with him for the past two years. She should also ask for permanent alimony.  Since she has no place to go after the divorce it is her right to have a place to stay and he has to provide it.
 Regarding you surely no maintenance and  education amount legally can ask but your sister if she is minor she can  seek maintenance , in case she is major and still studying the mother can seek educational expenses from the father , all these can be filed in the district/ family court in the divorce petition. She can also get her legal expenses .  
 Your mother has all right as a wife , and if she is a victim of marital cruelty and  desertion, she should  not hesitate to approach a court. you being a major help her.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Hi,
Help your mother to file divorce on grounds of cruelty and desertion and ask for maintenance for her. File a petition under se.25 of the Hindu marriage act for permanent alimony  . She can ask for the educational expenses of the daughter.
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
5.0 on 5.0
you may ask your mother to file petition under DV act. in one petition you may seek several reliefs like maitenance, protection order. residence order, monetary relief & compensation. she also can ask educational expences of the daughter
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0

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