father's adultery

@ Ld. Gundlapallis

I will go by your call for such child rights. It is long overdue legislation. But, Government of India way back in 1992 acceded on 11^th December 1992 to the Convention on the Rights of the Child, adopted by the General Assembly of the United Nations, which has prescribed a set of standards to be adhered to by all State parties in securing the best interests of the Child.


Further to above in Parliament the Prevention of Offences against the Child Bill, 2009 is already placed for discussion by legislatures so your call to criminalizing the same is a ignorant call and may duplicate the efforts of WCD Ministry R/w HRD Ministry which introduced in lower house the above said Bill.


Further in the presented brief I will say that both mother as well as the father is equally responsible to bring this child into presented hardships. Reason being when a wife (mother) defends his divorce as made to believe by this author her (mothers) apathy was well known socially and during same period she could have asked for Maintenance as well as filled a Civil Suit for Property Rights on behalf of her as well as that of the Rights of the child? Social stigma she already faced from trial Court to HC proceeding time and it is not that it happened within few months (I mean his divorce dismissal) so what more is left that she is not going to face after investing her prime life for more than two decades and yet when this child of hers became empowered now the child is raising a proxy conscious question! I welcome her (authors) question here seeking remedy and DV Act will not bring much remedy other than maintenance but original property rights question will still remain the same.


Further it is a view of only two of the trial courts that a minor child (male and or female) can file DV Act against his / her father and we donot know the age of this author nor we know if she un-married or married hence suggesting DV as a trial and error is doubtful but yes she (first complainant or second complainant) can always try seeking relief under DV but then under DV her mother has to prove adultery at the end of the trial under DV if that is the suit cause of action she is taking.


Hence what you and Ld. Rajoo advised are better legal options for long term sustained living of the author with her mother based on given briefs but since there are other siblings in HUF it may drag for years too is a forecast caution. Better is to discuss her and her mother’s apathy as in chamber with few senior civil property Law ld. Advocate in her jurisdiction.  

Dear Horrified,

You have some misunderstanding about me

I never called you selfish.Rather Adam called you selfish and added that you are hiding true facts.I scolded Adam for his bad attitude towards you and defended you.

Kindly read my 1st reply.You will know what I said.

Regards,

Is DV still applicable if the husband and wife live separately and the lady earns.I am 25 yrs old myself and earning.But we need resources to manage a house to live in!

Please advice.

@ Meenal: Sorry for the misunderstanding

Dear Horrified.

In this forum u  r adviced properly by learned and well wisher people..But I m here to tell u a different thing.Here u will have to hear and digest mANY ODD COMMENTS ON YOU.PLZ KEEP HAVE THE PATIENTS TO DIGEST ALL THOSE AND FIND OUT THE GIST FROM THE ANSWER POSTS.GOOD LUCK.

Dear Horrified, 

Yes DV is applicable for your mother even though she is living separately. She had remained in the domestic relationship with your father. It also depends on since when she  started living separately from your father. Your mother can claim maintenance from your father even without filing a DV case anytime under crpc 125. However, since you are 25 and now earning, you cannot claim maintenance or support from your father. 

@Horrified

You said that,My mother and I are living in a dingy dirty place because we do not have sufficient funds to spend on something that might not end up being ours,and we might get thrown out,in which case,We will have to create 

more 

resources to find a shelter again.

My advice to you to work hard, earn money and make you and your mother life

happy. Don’t depend on your father (yes wife can ask for maintenance)

Domestic violence act, 2005 is not effective remedy for your mother at this stage as it takes some time and some of the expert advocate like me or anyone can defend in this type of situation on behalf of your father side.

Under Dv act,

"aggrieved person" means any woman who is, or has been, in a domestic relationship with the respondent ( now in your case you said , My mother is 50 and has lived in agony for the last 25 years and your father filed for divorce so living separate for a ling long time A very strong defense on husband side if you file Dv case ) and who alleges to have been subjected to any act of domestic violence by the respondent;by the way this act comes from the foreign country.

So, better don’t file Dv act file only maintenance case under section 125 crpc only for your mother (not you as your age is  20 years, you are not a minor)

And remember after initiating a case your father( if he takes experts advise from an advocate ) can also file maintenance against you under maintenance of parent’s act 2007(because your mom age is 50 years so I presume your father age is around 60 years or any parents(look section 4)

( 4. Maintenance of parents and senior citizens.- (1) A senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him)

Under section 5(2)The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this section, order such children or relative to make a monthly allowance for the interim maintenance of such senior citizen including parent and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct.

“Children” includes son, daughter, grandson and grand-daughter but does not include a minor;And after you filed partition for property your father will in a bad situation as he doesn’t have any bank balance as you earlier said.)

And if your father's self acquired properties... it’s at his will he may or may not give you its his absolute right.

And lastly you asked can I alternatively file for mental torture?

After filing mental torture what you gained? Nothing. For that Dv case you have to prove cruelty under different heads, like mental, financial, emotional, physical etc. It’s very difficult,

 You cannot claim remedy for adultrous life of your father under this Act. Father can live this type of life .It’s your father’s life.

(After reading all this women thinks me anti but I said what the law said. Courts are running on laws and  evidences not an emotion. )

Kaise kaise laws banaye 

he parliament nahi?

(rab ne bana di jodi-parliamnet ne bana di ---?---)

Kushan ji

I do not agree with you here.  you do not know what this young woman is earning. And you falsely assumed that her father is 10 years older to her mother! Expert advocates like you, if assumes such thing, then they put a wrong picture for the querist who come here to seek help. You did not even ask her  since when her mother is living separately. The domestic act is applicable. You read it finely please: a woman who "has been" in domestic relationship....what does it mean? A who woman who is and has been....so pay attention to "has been" also. 25 years of agony does not tell that mother was living separately for past 25 years! 

Rememeber if father has an expert like you, mother's side also would have an expert. Not all expert work for money only, there are people around who still give time free of cost to defend the needy ones.  Father's past conduct of filing divorce case three times and losing all the cases at various courts would raise a reasonable doubts in anyone's mind ...ofcourse it may not be a ground for DV. Now coming to economic violence, again it is very clear that wife has been economically abused by being deprived of decent means of living by father's wasteful expesnes. 

Working hard and supporting her mother is quite diffe3rent than mother asking maintenance from father. 

Querist:

Please consult a good local advocate and do not be disheartened by the above advice. Do not be frieghtened by who would stand to defend your father. Your father already lost divorce case three times. Discuss with the advocate after you yourself reading Domestic Violence Act, whether it is applicable for your mother or not. It is a good act and protects legitimate interest of women.....so do not give up hopes for your mother. Your mother deserves justice and she has to fight for it and she should  with your support. Take informed decision without any fear of losing the case. 

And please use your descretion as to when to crack jokes and be funny and in what context! 

"And please use your descretion as to when to crack jokes and be funny and in what context! "

I should clarify that the above sentence is not for Horrified, but  for Ld. Kushan ji. 

I appreciate Ambicaji's and others view point on dv act.  but i want to know from her and other experts whether any daughter or grand daughter can file a case against pa or grandpa (from paternal side) for maintenance or any other relief available under dv Act.   Is there any ruling from any court?  please clarify.

kushanji's comments need not be taken  very seriously.  He is light hearted fun loving person.  His comment - some of the expert advocate like me or anyone can defend in this type of situation on behalf of your father side

will be remembered on this forum by all the members as long as alu is there in samosa.

Is DV still applicable if the husband and wife live separately and the lady earns.   ---  No.

i want to know from her and other experts whether any daughter or grand daughter can file a case against pa or grandpa (from paternal side) for maintenance or any other relief available under dv Act. 

----     Yes.

 Is there any ruling from any court?

-----     It is within the law. Therefore rulling not necessary.

You cannot claim remedy for adultrous life of your father under this Act. Father can live this type of life .It’s your father’s life

CORRECT MR KUSHAN.

@ Arup

DV Act is not applicable if a child is now MAJOR. This author is 25 years old female hence DV is not at all applicable if she asks reliefs being children dependent to main complainant. The only two lower Court judgments that came till date were that of a female and a male child of under 7 -10 yars respectively age and we all know trial court Judgment have ZERO intricate value if quoted in same District Courts and or be it in a different States trail court.


So kindly donot create another bald interpretation of this clumsily drafted loose Law, anyhow women are not having less trouble getting each and every sections of DV Act interpreted to their benefit by various HC's and even before SC and sumtotal which is going to be very soon end up like any other S. 138 NIA cheque bounce case in Magistrate Courts given to understand the delay in interim awards and huge backlog of DV Act interim award disbursal pan India and absence of protection Officer / Service Providers in various States.

Her mother is eligible to file DV for various awards / protection orders but since this major age lady has eyes set on ancestral properties n I doubt both ladies may get desired relief under DV Act if property is the selfish agenda as the author herself accepts the same in another of her post here. However, it is her case and various authors have given natural interpretation / directions about what to do to her. Now it is her and her mothers call.


Also kindly note this queriest is 25 years old female as per her own admission. She can very well earn a livelihood being educated as is evident from her sharp questions here and sustain herself instead of being dependent upon her father who has zero balance in his various bank accounts as per her own say after attaining MAJORITY AGE AS PER HAMA, 1956 – Now-a-days WOMEN Empowerment is all about that i.e. get educated, get a job and say tombs down to patriarchal society - RIGHT -@ AMBIKA !  Mind it @ Ambika I am in favor of call for such empowerments and is not making any negative bullying as may sound to you and before you rush to Admin with yet another complain on me; hence read my above last sentence again before cocking yet another paintball on me for this post reply ……….


Amen.............