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poornima (-)     05 September 2012

Legal seperation from mother

Hi,

My parents were living seperately for the past 12 to 13 years and last year my father has passed away. And mothers whereabouts are not known. Also she has inolved in a few legal and criminal cases and she continue to do so.And she is continously doing many things which harms me.

As this is becoming a problem for me and my family, i wanted to get a legal seperation from her ( so that she cannot do anything by using my name or the property belong to me) so that i no more become responsible for anything she does and we legally become responsible for anything she does.

 

Is there any law which can help me to get this?



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     05 September 2012

As it is your are not responsible for any of your mother's actions either civilly or criminally - unless you actively participate in the same with common intention. However having said that, still if you want to sever all relations publicly by way of abundant caution, then you can take out a public notice in the newspaper purporting to do so, this may help.

 

Adv. Bharat Chugh

Tajobsindia (Senior Partner )     05 September 2012


 I agree to Bharat's sound advise and to voluntarily add I state following;

1. Unlike in West where they have a legally binding agreement called "emancipation certificate" to separate from their Parents we in
India have no such declaratory Laws in place.

 

2. In India it works other way round; parents can via two paper advertisement disown an adult child from property and related rights read with their adult childrens acts of omissions / commissions once children grow up and attains majority age as per Law.

 

3. However in your situation what you can do is submit in State Weekly Gazette half page Public Notice stating factually precise background and present emancipation and end the Public Notice with statement that I should not be held responsible for my mothers past, present and future misdeeds in any civil / criminal suits by any law in force or in future. 


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