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vrinda sehgal (analyst)     21 October 2013

Kind attention please need urgent advice .

My mother is married with my father till 25 years , since then he is very rude and angry type of person who doesn't hesitate to beat my mother if anything happens without his will .

Now since past 4 years he is having the illicit relationships with a girl and also he goes to the prostitutes once a week . Once my mother objected so he quarrelled with her and then started using physical and mental abuse , after that matter was silent and my mother compromised and my father also reduced these relationships but didn't stopped ,now he have started it again in full swing .He goes to prostitutes around once a week , he talks to the girl daily for hours with whom he is having affair and also visits her twice or thrice a week . But we don't have any proof .

 

Now another problem is that my father have also give loan of 10 lacs to my uncle that is mothers brother as a help interest free initially , but now he demands interest on that and my uncle is in worst condition due to losses in business and he is in difficulty for his own survival .But if he is unable to send the monthly interest my father torchers my mother mentally and sometimes physically . Money give to my uncle as a loan is unrecorded and non tax paid money that means that loan have no legal existence but still my uncle anyhow manages to pay interest to my father.

 

My father possesses following property :-

 

1) A house that in which we live in joint name of my mother and father .

2) A shop with goods and stock around 5 lakhs.

3) Non tax paid cash money 1.5 lakhs which he have kept with my mother.

4) Some jewellery with my mother without any bill .

5) my father shows yearly income as 2.5 lakhs only in income tax and on papers.

6) My father also convert his money into white through showing income of my mother          

   around 1.8 lakhs and then he transfers that amount to his business as a loan 

   form my mother . loan outstanding of my mother in his books is around 6 lakhs .

7) I have one sister who is minor .

8) My father is influential person with violent instinct .

9) My mother will be needing maintenance around 30 thousand for her and my sister 

10) We also have a blank letterhead of his sole proprietorship firm duly signed by him with us , if its of any use        we can use that also .

Please advice me for this case , we will be needing money for my sisters marriage , education and for their survival as I am 23 years old and studying but will be able to fulfill my expenses with small job with studies .

 

Please suggest some remedies and solution so that we could get rid of all these as we have tried everything from talks to everything to make him understand but he doesn't understand .

and also advice how we should get money so that we can sustain our living and survival .



Learning

 4 Replies

Samir N (General Queries) (Business)     21 October 2013

Sorry to hear about your father's problems. It is better that you separate with the rest of your family from him. Initiate the process. Perhaps seeking judicial separation rather than a full-fledged divorce may be the easiest solution as neither your mother or father will have intentions of remarrying at this stage. A man caught in a prostitute's tangle is not going to get out that easily. He will find others too. His morality is destroyed. It would be a very bad influence on you and your sister. 


Get elders involved. Do not be afraid of him beating you or your mother. Go to the police if he does that. Try to get as much proof as you can before you initiate legal proceedings. THAT IS VERY IMPORTANT. 

Really sorry to hear about this situation and in particular because you have a minor sister. If you can disclose your city, may be some advocates here will volunteer to give some free advice in person. YOU REALLY NEED SOME ADVOCATES WHO CARE FOR YOUR SITUATION GENUINELY. THIS IS AN IDEAL CASE WHICH QUALIFIES FOR ADVOCATES PRACTISING FAMILY LAW TO PROVIDE PRO BONO SERVICE. That said, do not disclose your personal details to anyone that easily and certainly not directly in the forum. If  you do decide to meet an advocate in person, make sure that that advocate makes that announcement here in the forum and discloses his name and phone number.  I am just trying to protect your interests.


(Guest)

1. According to last week query on same pretext  one guy was trying to deceive the LCI members by asking the greedy question by naming himself as Feminine.

 

2. Hoping this time you would be not a fake victim,then on your query I have my following opinions:

 

A. Tell your mother to file a maintenance case U/s 125 crpc for her and minor daughter.

 

B. Even your mother could file maintenance U/s 18 HAMA and U/s 20 HAMA for her minor daughter.

 

C. Right now don't eye on your own father's property because these will ultimately go to both sisters only.

 

D. If your father is really irresponsible father and husband then he had to give maintenance any how to his wife and minor daughter.

 

E. I won't suggest you to go further and filling N number of cases on him because it is of no use....

 

1. A man who is going to be senior citizen is still addicted to girls and wife beater then what could you expect from him.

 

2. If you file cases of Adultery,Divorce,Rape,defaming modesty of girl, Cruelity on his wife etc etc...

the penalty will be drawn by the whole family only...

 

3. If he is arrested then then the matter of maintenance will be strucked down.

 

4. You and your sisters marriage will be affected after knowing that your father is in Jail you will not get good proposal and alliance for marriage is my view.

 

5. Try to act wisely and utilize such laws which will fulfill the family conditions right now and even pre/prior to both daughters marriage.

 

6. Let him to be learn by the natural punishment......when no body will give him support and love after 60+ at such older age,then he will realize that what I have done in my whole life....

 

regards,

Laxmi Kant Joshi (Advocate )     22 October 2013

1.you have no proof about your fathers illicit relationship with any girl 2. You have no proof that he goes to the prostitutes 3.when your father beats your mother or do any type of domestic violence immediately dial 100 and call The police , they will give better treatment to him .3. What remedy you want ? Only maintenance or other else ? 4. I suggest you try to make compatibility between your mother and father , treat equally both ,if he feels neglected from you and your mother then he will create problem. 5. Solve your problem involving some of your well wisher relatives .6. Don't think immediate about any legal action such as divorce , dv , etc. 7. realise him about you and your minor sister responsibilities upon him .

Northern Queen (Manager)     23 October 2013

I agree with Every Sufferer.  He speaks words of wisdom - and is no fool either!  He can sniff a fake out easy.

 


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