Maintainance claim by father
My father is a retired PSU employee and the year of retirement was on Sept 2012. At present he is the owner of the following properties and regular incomes:
a. A residential flat with approximate value of 25 Lacs
b. Land and property in village with approximate cost of 20 Lacs
c. Bank deposits of around 50 Lacs
d. Interest Income from fixed deposits in current interest rate 9%
e. Monthly pension of around Rupees 8000
f. Running multiple recurring deposits in several banks with the above mentioned incomes
I am a married man with my wife 16+ weeks pregnant. I stay in my father’s house with my wife. In recent times my father has started very bad behavior with my mother as well as wife with abuses.
I am currently working in a MNC and earning a handful income of rupees 60000 per month and I bear all the expenses of the house starting from grocery bills, electricity bill, cooking gas etc. My father is also threating me to move out of the house with my wife and mother and also threating me that unless I handover all my monthly income and savings to him he will file a court case against me to get that.
In this situation I have decided to move out my father’s house and stay in a rented flat with my mother and wife. I know that my mother as a wife has an ample ground to proceed by law against my father in the charges of domestic violence and torture, but we do not want to approach in that way. We three (Myself, my wife and my mother) just want to stay peacefully away from my father.
My questions are as follows:
a. If my mother starts staying with me and my wife, can my father file a divorce case against her and win easily?
b. Is there any legal “precautionary” measure my mother should take before leaving my father’s house start staying with me?
c. If I leave my father’s house can my father still file a court case against me to handover my all/partial monthly incomes?
d. Is there any legal “precautionary” measure I should take before leaving my father’s house and start staying separately so that he does not have any legal ability to demand any money from me?
e. Can I get separation from my father legally? Can it be in the form of declaration/affidavit by judicial magistrate and publishing the same in a daily newspaper or any other means?
Request you to please provide legal guidance on the above mentioned items..