occupying the house

No Abhineet you cannot stop your father from occupying the house as he is also the owner. As you are major now, you cannot claim maintainance.

If the property  is in the name of your father as well as your mother, you can seek partition and get the partition locked and go to U.k.  If you are a daughter, you are entitled to maintenance (which includes your educational expenses) from your father till your marriage.  Similarly, if your mother is not employed, she can also claim maintenance. I suggest to invoke maintenance provisions of Domestic Violence Act.

@ Sh. Prabhakar,

Few open academic questions to you !


Que. 1: How come ld. Advocates are not advising on S. 125 CrPC now-a-days to daughter(s) or DIL's ? Is the charm of S. 125 CrPC fading ! Has about  time come to phase out S. 125 CrPC !!!


Que. 2: Why redefine boundaries within family using DV Act ? I mean a daughter is being suggested to file DV Act against her own father and or mother and or brother ? I know she can do it using DV Act but just wants to know when other Penal Sections / Provisions of Law available for same purpose why DV Act !

but if my mom invokes provisions of domestic violence act, my father can take it as a proof that mom wants divorce.... then wat because mom doesnt want to give divorce and set him free

he is a government employee is there any clause or something by which mom get 50% or 75% of his salary or can he be thrown out of his job

and one more thing is it necessary for me to arrange money for my mba or he has to pay for my studies......

and yeah i guess there is a confusion regarding my gender i m male i , a son n not a daughter

@  Sh. prabhakar,

ahaa ha ha.......

See how scared folks get when Ld. advocates here straight away advise use the toughest provision available to break a family see the aprehension and knowledge of law a abala nari has .............and we say abala's don't know law common man...........now my academic question deserves a answer by you Sir !


@ Ms Arora,

My remarks are not for you it is for Sh Prabhakar, you will get guidence asap before you lv for UK let two professionals get over with usage of most appropriate law Provision in your case over with.

@d. Arun Kumar

please carry on to write ur valuable comments

MR.ABHINEET ARORA

@ Ms Archana,

Give the boy good run down on what his and his mom's legal options are. Your advise are quite fantastic similar to Suchitra S. the lady student from I think Dharwad. Thank you meanwhile I will await  Sh Prabhakar's reply to my academic questions.

The fact is that S.125 cannot be invoked by the son or daughter after attaining majority, this position is very clear. I would not at all suggest invoking DV Act because, it will break the marriage between the father and mother. So, think 10 times befores filing any such cases. There is no such provision under law by which your mother can obtain 50% or 75% of his salary. Already your father is giving 15k to your mom so even if your mom goes u/s. 125 crpc it'll fail. If you want your father to pay for your MBA course, talk to him amicably yourself or through some elders and try to settle the issue. You can seek partition of the house and sell it for raising money for mba, he may give the money to prevent the house form being sold. If he does not want to give lumpsum, you can ask him to take loan and repay by small installments. If nothing works out you have the option to take educational loan for your studies.

I deeply respect adv. Archana and read her advices with full attention.  My response also dispose off the querry raised by dear Mr. Arun and the enquirer.

If the enquirer wants to throw a punch and does not want to hurt the opponent, I do not know such shadow fighting technique.  But going through his further responses on the subject, I got a doubt that he wants to harm his father more than warranted  in the given situation by throwing him out of job and snatching 50 to 75% of his salary.  The only three grievances are that (1) he has illicit relationship with two other ladies (2) he may occupy the house, if both mother and son go away to U.K. (3) he may not incur the educational expenses.  Now, for these three problems, where is the solution?  Either it is S.125 Cr.P.C. or some provisions in Domestic Violence Act (DV).  I totally agree with Adv. Archana that Section 125 cannot be invoked for the reasons, she herself well explained.  That leaves us with problems and finding solutions.  I reiterate DV for the following reasons:

1.  It is not a draconian law, as projected by some people.

2.  By invoking DV by the aggrieved wife, the husband does not acquire right to file divorce case.  Especially on the ground that wife filed DV case, husband cannot get divorce.

3.  If the husband is interested to file Divorce case, any way, he will file it and no body can stop him.  If the wife leaves the option of filing DV case with a fear that it would provoke the husband for divorce case, and choses to file S. 125 (not possible because he is already paying 15 k) or S.18 HAMA (not possible for the same reason), then also pretending as aggrieved, the husband can file divorce.  Hence, if the wife files any case, that will be an excuse for the husband to file divorce.  If you do not want such situation, live with your problems and stay cool.

4.  For the problems faced by the enquirer, the appropriate relief to some extent is available in DV Act.  In DV Act, the pleadings are prescribed.  If the wife does not want to wash the dirty linen in public, she has to just mark a tick in the prescribed proforma (Form II) in 3  (ii) & (iv), which includes relief of residence and school fees to the son.  Even in the DIR report also (Form I), she can describe the incidents of domestic violence to the mere point that the husband has illicit relationship with the two ladies (4th point).  That amounts to s*xual violence and she is entitled to invoke DV Act.

Why D.V. Act is preferable to S.125, there are several reasons:

First of all it is not a draconian Act.  The procedure is simple.  the proforma is prescribed one.   Hence, exhaustive pleadings criticising / abusing / attacking the respondent can be avoided.  the procedure and summoning process is simple.  In extreme conditions, exparte interim relief can be obtained.  As a huge case of law precedents are not there, even in appellate stage, the matter can be disposed off.  the execution procedure is also simple.        

thank u all for replying

see the main problem is that he is giving just 15k per month and in todays time its difficult for 2 person to survive i mean me being a major and my mom, so the major problem is still that is it possible that v can take any step to make sure he increase monthly as it has not happened mutually though tried many times.

wat to do as this is one of the main problems causing mental stress to me n mom

@ Sh Prabhakar

Thank you. Nice explanation as requested you gave. (Some I may not agree but that is beside the point here) The beauty in this thread is that experts quickly gave nice directions to the author. Now it is upto him which path to choose along with his mother, Thank you Ms Archana too.