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Anita 22 Female (Student)     14 October 2013

Seeking emancipation and maintenance by famlily

I am a 22 year old female. I live with my mother and my father.

I am subject to both verbal and physical abuse and the environment in my house is unhealthy.

I just had  fight with my father over having some of my friends over at the house since I cannot go out due to a ligament injury in the knee. The fight escalated and he shoved me, causing me to fall and hurt myself again. And he threatened to do it again. In the past, he had also threatened to take a sick to my leg if I disobeyed him.

I have also been s*xually harassed at the age of 12 by my uncle, who lives separately, and although my parents had had what can be dignified as nothing more than a heated argument with my uncle over the phone back then, but no more action was taken against him and also I have to still see him at family gatherings.

My father was an alcoholic who has quit alcohol ayear ago. During his drunken brawl with my mother, he has often taken a knife to his throat and threatened to kill himself.

I have several injuries from fights with my father and several X rays where I have had to tell the hospital staff that I have succumbed to sports related injuries.

My mother however is the one who attacks me verbally these days and taunts me with untrue made-up facts. In the past she used to beat me if I didnt study on time, but that was about 4-5 years ago. I was a bright student and always got marks in my 90s, despite which i was beaten up to study more.

My parents have even protested when I tried to live with my maternal grandparents and even they denied me that right saying that they dont want to lose their relationship with their daughter at the end of their life, since they are both of 90 years of age.

My best friend's (who is also a female of my age) parents have asked me to come stay with them when I have trouble at home and I have stayed there before for two days but I don't want to impose.

I want to know that if there is any way that I can be emancipated.

I am still studying and though I have received a job offer, I will not be starting until the end of next year at least. So I will need maintenance from my family till I begin my job.

Also, my father has two houses, so can I have legal permission to live alone in one of his houses till i start my job?

PLEASE LET ME KNOW WHAT IS THE LEGAL PROCEDURE TO FILE FOR EMANCIPATION IS. Also note that I do not want to file any FIR against my parents. I want it handled in court without police intervention.

Please help.

Thank you.



Learning

 7 Replies


(Guest)

                                                                                                    Author Vs The whole family of her

 

1. You have written your name as Anita ,,,that's ok but what made you to write age 22 years along with it?? if you want to show your age which is already mentioned in the query.

 

2. Since 10 years of s*xual assualt by your uncle how could your parent's stood silent even after knowing the truth??

 

3. If I assume that your whole family is about troubleshoot with no morals then I will be not wrong here after reading your statement.

 

4. From your query it is not clear that your parent's give you money or not ,food or not etc....But according to your statement if you are studying then you must be paid out by your parent's only.

 

5.Now, you are major , still studying that's good but if you have such problem then why not take part time and use such money for your needs.

 

6. Emancipation from such home can be done only when you stand on your own feet that means you yourself take the whole burden of yourself.

 

7. The pray you have invited here as i need seperate home to live alone must be heard only when you will justify your condition of supression of freedom and you are been tortured mentaly and physicaly within 4 walls of your current house.

 

8. Here,I will only suggest, if you have untollerable condition then file a complaint along all whom are troubling you and what had been done to at the age of 12 year. Let the matter reach to your nearest Women commission and Human Right commission.

 

9. Be strong and if once revolted against all then there is no reverse for emotions, so you have to stay heed high and face all the situation.

 

10. It's very hard to dignify that if you choose the former i.e revolt against odd,,,,,,then your study will be hampered but yes you will get as winner indeed.

 

Take care.....

 

regards.

1 Like

sandykrish (Interested in Family LAW)     14 October 2013

story of strict father and mother. No parents would restrict their daughters unless they fell the daughter is crossing the boundary. Hats of to your parents, if at all such kind of parents are available no one will face false cases. Introspect yourself carefully sit with your family members and discuss, attend some councelling this is for your betterment of your future life. You need thier money why do you not like them when they say few good words to you. You are about to get married, the life at inlaws place would be more stricter than parental house. Will you go legal against your huband and Inlaws. Try alligning to the nature of women they are service oriented listen to your parents. You need psychological councelling rather than advocate services
1 Like

Anita 22 Female (Student)     14 October 2013

This one is for Every Sufferer Is a Savior.

1. That is only because the site insisted that my anme be of 10 characters and I didnt want to disclose my last name.

2. It started at the age of 11 and by the time I was 12, I told my parents, who could not directly confront them as he is my father's elder sister's husband. However there were talks on the phone wherein both my aunt and uncle expressed their shock and my aunt said "he might have gone in for a hug and something uncomfortable may have happened." But it stopped after that. yet, my parents go over to their house and insist that I go over as they are our relatives without any concern for my mental well being.

When I said that they took no action, what I meant was the whole matter was hushed and everyone pretended like nothing happened as it was more important for my father to save his sister's face.

4. Yes, my parents pay for my education, also provide shelter and food.

5. Since I am still studying, I do not have time for a part time job. However I will be starting work next year after I graduate next Summer.

7. What court must I take take this case to?  I need advice as to how to proceed legally. Also, bear in mind that I will have trouble in finding money to pay the lawyers.

8. I do not want to file an FIR against my parents. I only want to know how to handle matters fairly and legally and how to go about it.

9. I can handle that.

10. I cannot hamper my studies because I have to finish final year of engineering without which I will not be entitled to the job I have received.

 

I need legal advice as to how to proceed. Which court to go to. Whether I will need a lawyer or an application will suffice.

Please help, thanks.

Anita 22 Female (Student)     14 October 2013

This one is for sandykrish,

I am going to a phychologist because I cannot take this anymore. But I am not taking my parents because a year ago when I had told my mother that I want to go, she reacted to it very badly and used that to jab me and say that I am "wuss" and she also said that she will not pay for a psychiatrist.

My parents and I are way past the talking-it-out phase. It did not work. I am seeking emacipatio  as a last resort.

I will be taking a friend of mine next week as the clinic says that you should take a parent along to assess behavior at home but my mother uses my weakness to take jabs at me when she is unhappy with me, so I dont want to let her know that I am unhappy right now.

Also, I do not plan on getting married in the near future. Not in the next 5-7 years.

I think that the fear of my in-laws turning out even worse is deep seated in the back of  my mind, which is why I hope to god that I can find an un derstanding family and I am willing to wait as long as it takes to find one. Marriage is the last thing on my plate right now. Right now I need monetary independence.


(Guest)

This one is for Every Sufferer Is a Savior.

1. That is only because the site insisted that my anme be of 10 characters and I didnt want to disclose my last name.

 

Opinion: Ok leave it.

2. It started at the age of 11 and by the time I was 12, I told my parents, who could not directly confront them as he is my father's elder sister's husband. However there were talks on the phone wherein both my aunt and uncle expressed their shock and my aunt said "he might have gone in for a hug and something uncomfortable may have happened." But it stopped after that. yet, my parents go over to their house and insist that I go over as they are our relatives without any concern for my mental well being.

 

Opinion: Do you want to punish him after 11 years??

If yes then what evidence you will produce,as it's not a cake walk.....

 

When I said that they took no action, what I meant was the whole matter was hushed and everyone pretended like nothing happened as it was more important for my father to save his sister's face.

4. Yes, my parents pay for my education, also provide shelter and food.

 

Opinion: Then concentrate on your study and grab the job

 

5. Since I am still studying, I do not have time for a part time job. However I will be starting work next year after I graduate next Summer.

 

Opinion: Everything can't be adjusted in single hand , to get something you have to compromise the other for the sake of previous if you wish against any financial hardship.

 

7. What court must I take take this case to?  I need legal advice as to how to proceed. Also, bear in mind that I will have trouble in finding money to pay the lawyers.

 

Opinion: Read with below opinion 8

8. I do not want to file an FIR against my parents. I only want to know how to handle matters fairly and legally and how to go about it.

 

Opinion: Hey... 22 year old female ,,, don't contradict with your statement as above you say you want to go legal procedure and here you say you don't want lodge FIR,Tell me onething do courts provide you hidden procedure or what or you may special invisible services or what?????

To get legal procedure one must come into picture.....i.e Anita Vs your family & Ors. if you go private complaint.

And same summon and notices will be held out to the whole party whose name are their.....and the procedure starts after their say.

So,don't be an immature girl , stick with your prominiency as what you want  exactly??

 

9. I can handle that.

 

Opinion: Again contradictry statement bcz as above you wanted to hide the legal procedure and here saying you will handle the situation.

 

10. I cannot hamper my studies because I have to finish final year of engineering without which I will not be entitled to the job I have received.

 

Opinion: Read top to bottom on this reply and think bcz what you say is totaly different from what you act as.

 

I need legal advice as to how to proceed. Which court to go to. Whether I will need a lawyer or an application will suffice.

Please help, thanks.

 

Opinion: If you have the cause of action along with evidences and even don't worry about your future and career then move ahead with criminal lawyer,your case would be filed in district court which will be handed by JFMC or ADJ this would be confirmed by your local jurisdiction lawyer.So consult your local criminal lawyer and seek remedy.


Warning: For legal entangles their is no gurantee that you will get justice but Iam sure you would be diverted from your study and job. So,better re think as what you want from life?


Last Reply..!!

1 Like

STUDENT.... (.......)     15 October 2013

Anita..So Sorry to hear about your Situation and Story.....


You said you are currently studying and in your final year and will also start working from next year onwards.

I would suggest concentrate on your studies right now and ignore what your mother says and also ignore your father.

Act like a Robot since at present the situation is critical because of your parents, certainly yes you can take a legal action against both of them but as you mentioned you want to but cannot proceed with police complaints and all. Hence the Lawyer is required in order to send them a legal notice but its hard to find one like this who can fight for you with fees.

 

As I mentioned above to act like a Robot is for your benefit (Musibat K Waqt toh Gadhe ko Bhi Baap Banaana Padta Hai(Its just a Quote for your understanding)), since you are major now (Above 18yrs) hence no maintenance can be granted its your parents whether they want to give anything to you or not, hence complete your studies and join your job look for a rented house/Paying Guest and live your life happily and if anything happens then file a police complaint against them.

 

I have also been s*xually harassed at the age of 12 by my uncle, who lives separately, and although my parents had had what can be dignified as nothing more than a heated argument with my uncle over the phone back then, but no more action was taken against him and also I have to still see him at family gatherings.


I would suggest you for your benefit and bright future to ignore what has happen at the age of 12 and concentrate on your studies bcoz with all this you may get Justice but not what you are looking for.

You want to be an independent and want to take your own responsibilities after your graduation. Hence concentrate on your studies and complete your graduation.

 

Also, my father has two houses, so can I have legal permission to live alone in one of his houses till i start my job?

As you mentioned about the houses, If they are self earned properties then its there own wish whether they want to permit you or not and if the property is ancestral then you may get the access but again to get your right on the said ancestral property you need a Lawyer.

 

Hence once again I would suggest to concentrate on your studies and complete your graduation, start your job and say bye to your parents and other members.

 

 

Note: But Before you take any step to come out from this situation, Don't forget to take your marksheets from the collage/university.

 

Regards,

 

Kunal

Ph: +91-9999108998

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 October 2013

Please say where are you, in which city or which part of the country.

Have you got brothers or sisters? How are they, they themselves and also with you? Are your parents working? What are they? What are their qualifications? Have you got any friends, male or female? How many? Do any of the persons, whom you personally know sympathize with you?

What stream are you getting qualified? Arts, science, commerce, engineering, medicine, law or anything else?


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