Kumar Doab (FIN) 09 October 2016
Anand Bali Adv. (Advocate Solicitor & Consultant) 10 October 2016
Mr Rajoria,
First of all I have much sympathy with you as you are facing such a trouble from your own daughter. Next to advice you there are many mediation and counselling centers where you can apply for the pre-litigation counselling/ mediation between you and your daughter you can also have my help for the same as I am in Delhi only pl cal on 95 821 44 748. These all centers are government recognised centers and mostly in the Court premises only.
M R Rajoria 23 November 2016
Thanx for the advice, i am still being harrassed by my daughter and she does not want to mend her ways. She frequently threatens me to provide her monthly maintenance whereas i am providing her every facility in the house and in addition to that giving her monthly pocket money. She also threatens me call the police on petty issues and that no body can evict her from the house. She uses filthy/abusive language against me (i have her voice recordings with me). I am fed up with this day to day harassment and mental tourcher by her and want to evict her from the house to maintain my mental peace. She also quarrels often with my neighbours with the intention to disturb my mental peace. In this situation what is the course of action open to me to be taken against her. Please advice in this regard and also provide any judgment similar to my case.
Originally posted by : M R Rajoria | ||
Thanx for the advice, i am still being harrassed by my daughter and she does not want to mend her ways. She frequently threatens me to provide her monthly maintenance whereas i am providing her every facility in the house and in addition to that giving her monthly pocket money. She also threatens me call the police on petty issues and that no body can evict her from the house. She uses filthy/abusive language against me (i have her voice recordings with me). I am fed up with this day to day harassment and mental tourcher by her and want to evict her from the house to maintain my mental peace. She also quarrels often with my neighbours with the intention to disturb my mental peace. In this situation what is the course of action open to me to be taken against her. Please advice in this regard and also provide any judgment similar to my case. |
Sir,
What might have happened with your daughter and you only you both know.
You are time and again coming up with symptoms like sneezing etc but not telling what the root cause of sneezing is, is it dust, is it allergy etc.
Why your daughter is behaving irrationally only you know. I mean nobody will behave like this without any cause. I suppose you are to be held equally responsible for the acts of your daughter. Upbringing being the primary factor.
Legally you are not bound to take care of her anymore as you have crossed 60 years of age. But morally you are supposed to take care of her. She is not married, why? What made her like this, many factors have lead to this day. If you are blaming her, you are to be blamed too, it’s the end product of your own upbringing is it not?
Section 20 (2) of HAMA lays down that a Hindu father has obligation to maintain his children during their minority. In respect of unmarried Major daughters the obligation continues, though the father or mother are required to maintain a major unmarried daughter only so far as she is unable to maintain herself out of her own earning or other property. The honourable SC has held that the father or mother has to maintain unmarried adult daughter until she is gets married or settles gainfully. Here the SC does not state if the daughter has capacity to earn or about educational qualification which can enable her to earn her own livelihood, but only states about property through which she can maintain herself.
So you can either give her share in your property as a Hindu father and wash your hands off to such extent where she can maintain herself from the income which she gets through such share in the property, and continue to give her some paltry amount that she can live decently.
In which ever case, you can do the above and then either continue paying paltry sum of money as maintenance to her via cheque, or simply stop paying after giving her share in your property as a Hindu father, as you have crossed 60 years of age.
Kumar Doab (FIN) 28 November 2016
If there is some property that canfecth sufficient rent then let her be rent collector and at the same time push her to earn and be self sufficient.