Mother died natural death, leaving behind a note of harassment
My mother who was very very dear to me succumbed to cancer last year. While clearing up her cupboard, we discovered a 3 page note she had written wrt infidelity, physical violence and mental harassment she faced from my father on multiple occasions. She was the only child to my maternal grandmother(who is still alive-I take care of her). My granny and me are deeply saddened by this note and I wish to take legal action against my father. Is there even a faint possibility of filing a case against my father and is t here a way he can be punished - legally?
Even during her illness he was not around in the hospital on most occasions and hence all financial and treatment arrangements were carried out by me.
A deeply hurt son
Asked in Family Law from Bangalore, Karnataka
Hi, Based on the note you have to lodge a police complaint against your father so police will take action against your father as per law.
1) your mother should have during her lifetime filed case of DV or 498A against her husband
2) you can on basis of said note file police complaint against your father
3) police will carry out investigations and if prima facie case is made out lodge FIR against your father
I can understand your feeling after reading the note written by your mother but unfortunately no action can be taken against your father on the basis of this note. Your mother died of a disease and not because of any harassment from your father. It can not be said that the disease suffered by your mother was remotely connected with the bad treatment of your father. It is not a case of suicide If that were so your father could have been prosecuted for abetment. Do let your father know about it. it might haunt him for rest of his life.
Advocate, New Delhi
The only person who could file a criminal complaint for adultery against your father was your mother who is no more. In so far as physical violence is concerned if you have clinching evidence to prove the culpability of your father then you can file a criminal complaint for causing hurt and assault against him.
A. As you said, you mother died naturally as evident from the cancer. but her death clearly established that she had been harrassed by her husband. Hence, you can lodge the complaint against your father near the Police Station by submitting written notes under the domestic Violance..
B. You can lodge the complaint against the police before the Superiendant of Pollice in the event of fail to take action against your father even though lodge the complaint against your father or lodge the privat complaint under the section 200 of Crpc before the Jurisdictional Magistrate.
There is no legal solution for sentimental trauma or pains.
What is the action you think you can take against your father.
First of all you are not the victim due to such tortures, it was your mother.
Whatever relief is required to be given it will be to the victim, i.e., your mother who is no more.
Your mother decided to suffer all the pains silently without letting know anyone of this, it means she herself accepted all the injustice done to her and had admonished them during her lifetime by remaining silent, so any other person has not no reason to raise any dispute over it at this stage.
Infact when you confront your father with the details and finally forgiving him itself would be a great punishment to him.
Whatever it is, there is no provision in law for you to punish your father for something which has happened to your mother during her life time for which even she never bothered to take any legal action.
it is sufficient evidence to file case against your father under the domestic violence act. you should file a complaint before the first class magistrate and initiate proceeding within 1 year because thereafter it will be time barred. limitation period will be counted from the date of discovery of that letter.