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priya a (self)     06 July 2010

single unmarried 30 yrs daughter

i want to separate from parents.how do i go about it.will i get any compensation?i am not working.



Learning

 10 Replies

Adv Archana Deshmukh (Practicing Advocate)     06 July 2010

You can just stay seperate and live wherever you want. No need to do anything special about it. Compensation for what?? No question of any compensation.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     06 July 2010

I GO WITH ARCHANA JI

priya a (self)     06 July 2010

i think i was not clear in my statement.i meant maintanence.n my parents along with my brother harassed me to the extent that i went into deep depression.i am on medicines now.

G. ARAVINTHAN (Legal Consultant / Solicitor)     06 July 2010

As per the constitution, you are at liberty to stay with/ without parents. But what is the meaning for compensation?

Md Shadab Ansari (Law Student & Human Rights Activist....)     07 July 2010

You can demand partition from your HUF.

(Guest)

A very good question you have asked (PS. I am taking your situation purely just as per subject title not as per existing Law)


1. Liability (which you called asked here as compensation) from natural guardian is there till a daughter attains majority age and only till she is married off - is it not so ?.


2. However job means a source of livelihood is your concern once you attains majority but in case you are not able to get a job via all types of self efforts then it becomes your parents responsibility till you get married to provide "support" to you - is it not so ?.


3. Further it is also responsibility of natural guardian to get a daughter married off - is it not so ?.


4. Now if I see your issue and do a "harmonious construction of them" coupled with "harassment" by your natural guardian then in my opinion there exists a "cause of action" Now my blunt point here is under which Law it could be so ?



I suppose there must be a authority / usage of existing women centric laws somewhere, something could be created as precedent is my innocent thoughts. I will search and if my inferences being drawn are mis-representation then ld. members may correct me reviewing "harmoniously above grounds" !

 

Further the "only hiccup" I see here is "your age" recalling various Laws on the go. So for the time being I will go by Ms. Archana's advise but I will repeat again that this is a very good question u stirred innocently at milestone 30 :-).

Rgds.
I am missing Sh. Asim Sarode of Pune Family Court's take on this question !
https://www.indianexpress.com/news/12yrold-girl-files-petition-against-father/479398/

2 Like

priya a (self)     07 July 2010

thank u sir.but its still not clear if i can get maintainence or not.it is them who have put me in such a state.my so called father went to the extent to hit me with belt when i was in a state of depression.they were coaxing me to get married which i didnt do.isnt it my right that when and to whom i should get married to or not get married at all.i have worked for 3+ years before my state of depression.now i am pursuing mba through distant learning but i know i cant work.i have developed lot of fears.

Bhartiya No. 1 (Nationalist)     07 July 2010

Very nice,  soft and healing touch advice  Mr. D. Arun Kumarji

advocate jain (advocate)     08 July 2010

i go wth archana

Arup (UNEMPLOYED)     09 July 2010

IN YR POSTING DTD 7TH JULY 1136 HRS,- YOUR CASE IS  UNDERSTOODABLE.

YOU ARE TORTURED BY YOUR FAMILY, THEY FORCED ON YOU FOR A UNWANTED MARRIAGE.

YOU MAY FILE A DV CASE, ALONGWITH DEMAND FOR RESIDENCE AND MAINTENANCE FROM YOUR FATHER.

FOR LODZING THE CASE GO TO LOCAL THANA OR MAHILA THANA.


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