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Shamefuly father ..

(Querist) 24 August 2014 This query is : Resolved 
Respected Law Experts,

Am 33 years old software engineer married from 5 + years with no kids
I have built a house in 2008 in my home town for my family where my father/mother/brother are living till date that is registerd in my name & is self occupied & i am paying all the EMI's & also taking care of my mother 55 years & brother 28 years & am living in rented house in bangalore struggeling to come up in life.

My father 65yrs took volunteeer retirement 12 years back on his own accord to enjoy with the Volunteer settlement money..around 8L.
He also gets some pension around 1500 rs.
There is 1 acre of ancestroral property from my grand father that he is alone enjoying & does not take care of my mother or brother.. he is locally very strong person..with friends from political background.

He preassurised a lot for me to take dowry which I was against due to which there was lots of quarrle between us & finally i decided to stop talking to him after couple of months of marriage as this was effecting myself/mother/brother a lot menatlly we are sick of him..as he also went to my inlaws relatives house & spread false news against my wife.. so that indirectly my inlaws may give him some ransom.. by creating social newsense...!!! which he is keep trying & not succeded... he has a very criminal mind.He also hit my mother several times as Am attached to my mother & I may agree or give hime some ransom..so that he stops hitting but I lodged a complaint for domestic voilence.. from my mother that he couldnt digest.

His criminal mind is now trying to some how get maintenance money from me somehow as my wife has also started earning & he cannot digest.. Plz help me what precautions can I take & on what grounds can he put a case.. does this case stand in court.. plz assist as i dont want him to loot my hard earned money for his lavish life & bad habits.

we are not expecting anything from him but to let us leave peacefully,plz suggest is there a way I can get rid of him judicially as its effeting me a lot mentally & not able to focus on my career ?

Regard's
Vikram.
Devajyoti Barman (Expert) 24 August 2014
He has grown old man my be ageing process acting weird.

Try to keep distance from from him as far as interaction or conversations with him is concerned.
Ask your relatives to avoid such conversations with your father.
Rajendra K Goyal (Expert) 24 August 2014
Either accept his demand of maintenance, for which morally you are liable. Ask him in clear language if he would create any trouble you would stop payment immediately.

Or ignore him, call your mother and brother to you and let him enjoy his life in his way.
Sudhir Kumar, Advocate (Expert) 24 August 2014
I do not agree.

I have understood the type of father he is.

Let your mother call police when he beats him.

why do not your in-laws given 498a FIR against him. While many persons give false FIR then whey not true also.

sue him for partition of parental property.
Sudhir Kumar, Advocate (Expert) 24 August 2014
by the way does you 28 yr old brother do any job or not.
ADV-JEEVAN PATIL, MUMBAI (Expert) 24 August 2014
Agree with expert Barman
Vikram (Querist) 25 August 2014
Thanks for all the response & guidance.

even though am taking care of my mother/brother & taking care of all their needs i will be mentally be prepared to if he files compensaton .. in that case:(

Sudhir Kumar sir,

No my brother is not working becauz of this behaviour & seeing my father hitting my mother which has effceted him mentally & am treating him with nuerosurgen.. as he is totally under depression.

couple of things
1. Can my mother put maintaince case on my father or Can we all together file a case stating the above reason or lodge complaint?
2. If we file 498a does this effect my mother/brother or myself as i mentioned he is politically sound & he will bring some far relatives who don't have any idea & tell that he is a very good person in court.. am just worried what all strong grounds we can mention in the complaint... in my case and can I file this along with my wife/mother/brother?

3.Also he is asking 15L to give him saying that the has invested in house where he had nothing to invest he has spread this message all around with his friends .. so that tommorow he will get support...plz help there is no proof for that..Loan & house both are in my name.

Regard's
Vikram
ajay sethi (Expert) 25 August 2014
you had raised this query earlier too if i am not mistaken
Sudhir Kumar, Advocate (Expert) 25 August 2014
1. Can my mother put maintaince case on my father or Can we all together file a case stating the above reason or lodge complaint?

Ans : Yes. You will file nothing because had you been interested infighting for rights you would have done long back.

Sudhir Kumar, Advocate (Expert) 25 August 2014

2. If we file 498a does this effect my mother/brother or myself as i mentioned he is politically sound & he will bring some far relatives who don't have any idea & tell that he is a very good person in court.. am just worried what all strong grounds we can mention in the complaint... in my case and can I file this along with my wife/mother/brother?

Ans : If you are worried bout his political connection then sit home and do not fight.

Sudhir Kumar, Advocate (Expert) 25 August 2014

3.Also he is asking 15L to give him saying that the has invested in house where he had nothing to invest he has spread this message all around with his friends .. so that tomorrow he will get support...plz help there is no proof for that..Loan & house both are in my name.

Ans : This forum provide legal solution but no solution is there for stupidity.

If loan is in you name then keep paying the EMI. If documents are in your name then keep them framed.

because

you have made a house of your hard earned money and gave it to such a father.
malipeddi jaggarao (Expert) 25 August 2014
I agree with expert Shri Sudhir Kumar.
The best option is to ignore such people and live your own life.
Let him file case for maintenance. You can think of at that time if he really does not have any source of income.
Set-up a home in Bangalore with your mother and brother. Better to be away from such people.
Vikram (Querist) 26 August 2014
Thanks Sudhir sir ,Jaggarao sir & all experts.

I welcome all the expert suggestions which has given me a good confidence, I will approach the Local lawers & we will definatley start looking to stay away from him.

Regad's
Vikram
Biswanath Roy (Expert) 26 August 2014
Don't fight with your father in the court of law. It looks indecent in all sense. It will be better if your mother can come forroward to file a case against him for criminal assult and physical torture. Consult any local lawyer practicing in Criminal Court.
malipeddi jaggarao (Expert) 26 August 2014
You are welcome!
T. Kalaiselvan, Advocate (Expert) 30 August 2014
The query has been properly addressed by experts, I agree with their views on the subject.
Devajyoti Barman (Expert) 31 August 2014
welcome..do the needful..
Vikram (Querist) 24 September 2014
Hi Lawyers,

As already discussed regarding this issue. There is now big twist in the situation as my father has gone out of the house on his own and started staying in another house in the same place since 10 days and we are not sure of what his plan. Some of his friends are saying he is planning to put maintainance case on me. Please advise how can we legally handle this situation as we are not giving importance to outsiders(Family & friends). Please advise can my mother has any right to put a case on him as he left my mother and my younger brother without taking care of them.

Thanking you in anticipation of your help.

Regards
malipeddi jaggarao (Expert) 24 September 2014
You have been given enough advice and got the benefit also.
You wait till the problems surfaces. We are not here to spoon-feed you on hypothetical queries.


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