Harrsament by father
arora
(Querist) 17 March 2013
This query is : Resolved
Hi , my mom and dad have been staying seperate since past 12 years i.e when i was in high school.I am 27 year old , my father 65 n my mom 61. My father used to abuse and mentally harass us. We changed our residence a lot to avoid him but now he knows of our present home and is trying to create problems. I am working and doing well as of today. My father has a house , FD in bank , a car and a two wheeler as well .My father is a senior citizen and he keeps complaining at senior citizen cell against me that i dont care for him and dont allow my mom to stay with him. he has even complained to women cell sometime back that his wife doesnt stay with him. My mom has also said in her replies that she does not want to stay with him. Even the protection officer didnt support my father. He also took out my call details some how and called up my colleagues in office to bad mouth against me. He even went to my sis office some years back and talked bad about her to the manager there. Luckily he didnt support him. He has even physicallly abused my grandfather and my grad father has filed police complaints against him as well. Now my mom is intending to file divorce case. I wanted advice on what all precautions/ measures should i take?
Firstly to protect myself from giving any maintenenace to him?
Secondaly I have a married sis as well , Can he file some case against her? We wont want her to be involved in all this.
Thirdly how could he be stopped from coming to our home as tries to publiciliy humilate us and also abuses my mom?
Also since past month he sends very caring SMS to my mom even though she cant read messages on mobile.
very confused over what to do... Expert advice and assistance required..
Devajyoti Barman
(Expert) 17 March 2013
1. If your father ask for maintenance especially if he has no regular income then you are bound to provide him maintenance. Whatever your father is doing, you have bounden duty to maintain your father.
2.No.
3.If the home is belonging to him then you can not stop him. However if the house is yours then you can file for injunction.
4.Keep low profile.
Sudhir Kumar, Advocate
(Expert) 17 March 2013
Firstly to protect myself from giving any maintenenace to him?
Ans : You are liable to maintain
Secondaly I have a married sis as well , Can he file some case against her?
Ans : Yes he can
Thirdly how could he be stopped from coming to our home as tries to publiciliy humilate us and also abuses my mom?
Ans : by not provoking him to file case.
Nadeem Qureshi
(Expert) 17 March 2013
Dear Mr. Arora
you should file a domestic violence case against him by your mother and get a restriction/protection order against him. after that he will be bound by court order, if he will not follow that order he may be arrested and send to jail.
if he is unable to maintain himself it your duty to maintain him, even if he is not a good father.
Feel Free to Call
Nadeem Qureshi (Advocate)
Chember No. D-720, Karkardooma Court, Delhi
email : nadeemqureshi1@gmail.com
web: nadeemqureshi498a.webs.com
Mob: +91 9953809956
+91 8802305262
Raj Kumar Makkad
(Expert) 17 March 2013
*Nadeem! How a son of 27 years can file a complaint/application under Prevention of woman From Domestic Violence Act (DV Act) as suggested by you?
Raj Kumar Makkad
(Expert) 17 March 2013
Your mother should file an application under section 12 of DV Act against your father and the relief of no disturbance of her and your life should be obtained therein including the ways he is doing which you mentioned in the query. Court shall definitely bind him and if he violates, a criminal case under section 31 of DV Act shall be filed by court itself on the complaint of your mother.
R.K Nanda
(Expert) 17 March 2013
no more to add.
prabhakar singh
(Expert) 18 March 2013
I find Nadeem also answered correctly but not articulately when he stated "you should file a domestic violence case against him by your mother "..
Raj Kumar Makkad
(Expert) 19 March 2013
A male cannot file DV application, this is the matter of even general knowledge. It is true that the common knowledge is not so common as it is deemed.
prabhakar singh
(Expert) 19 March 2013
SOME TIME WE DO NOT READ ANSWERS ACCURATELY
AND START BOASTING KNOWLEDGE.
MY POINT TO BRING HOME WAS THAT NADEEM TOO WAS AWARE THAT A MALE CAN NOT FILE A DV CASE
THAT IS WHY HE ASKED THAT TO BE FILED BY HIS
MOTHER.
BUT EVEN POINTING OUT THIS FACT HAS FAILED
TO CONVINCE AND ONE HAS GONE TO AGITATE IT TO MAKE IT A MATTER OF GK IN WHICH I LOOK TO BE POOR IN HIS ESTIMATE.
FALLACIOUS INDEED!
RE READ WHAT NADEEM ORIGINALLY SAID:
"you should file a domestic violence case
against him by your mother "
arora
(Querist) 19 March 2013
HI Thanks everyone for sharing your valuable knowledge. This would sure help. had some more queries though .
Firstly the house in which I live is on my mothers name. Can i still get a injunction as suggested by Mr. barman? If yes then under which Section?
Secondaly he has changed two cars in past 5 years , has bought a new house and also has given some part of house on rent. Can he still get maintenance?
Vijyant Nigam (09807349001)
(Expert) 19 March 2013
mr. arora
its all the matter of pleadings and merits of case when it comes to finality..
concern with an advocate and he will guide you step by step...
you at least know that there are laws under which you can pursue your case, which i think is sufficient to convince you..
