My dad has been abusing me, my brother, and my mom financially, emotionally, and verbally, and he has physically assaulted my mom. For years, he didn’t let my mom work, though she rebelled and started earning. When I was born, he fought with her because I’m a girl. My nana and nani told her to divorce him, but she stayed, hoping he’d change. His mom constantly abuses my mom and manipulated him into giving away his property to his elder brother, who now denies his share. She also took all his FDs and claims they’re hers. My dad has lost his memory, refuses treatment, and wants to quit his job. If he does, my mom’s income won’t sustain us. My mom wants a divorce and alimony, but he gives his money to his mom. Can we press charges against her? Can we get maintenance from his brother and mother if he’s declared mentally unfit? His mom blames us for his mental condition but is the one who manipulated him and drove my grandfather to suicide. How do we escape this?
since your father is alive hence as per law you, your mother can claim maintenance, residence, marriage expenses etc from father alone. Your mother can file divorce case to get rid from him.
Dear Client, based on your situation, your mother can file divorce on the ground of cruelty under section 13 of the Hindu Marriage Act,1955. your mother also can apply for maintenance. for your matter it need a detail discussion. Hope this advise help you. For more discussion feel free to contact.
Dear Client, based on your question, your mother can file for divorce on the ground of Cruelty and also ask for maintenance. Your father is mentally not fit now. so for this situation it would suggest to take proper guidance from an Advocate. Hope this advise help you. for detail discussion feel free to contact.
Dear Sir, You have to lodge complaint and see that some action is taken on such person and try to take possession of FD's etc.
It sounds like you and your family are in a very difficult and distressing situation. There are legal avenues available to help protect you and your mother from the abuse you're experiencing, as well as potential financial support options. Here’s an overview of your options based on the laws in India: Legal Protections Available Domestic Violence Act: your mother can file a complaint against your father for various forms of abuse, including emotional, verbal, and financial abuse. This law also protects children, allowing you to file a case on behalf of yourself and your mother Filing a Complaint: Your mother can approach a Magistrate or a Protection Officer to file a complaint detailing the abuse. Section 498A of IPC: This section addresses cruelty by a husband or his relatives. If your father has subjected your mother to physical or mental harassment, she can file a case under this section as well. This is a cognizable offense, meaning that the police can arrest without a warrant. Mental Health Considerations: If your father is declared mentally unfit due to his memory loss and refusal for treatment, it may complicate matters regarding financial responsibilities and custody issues. However, this does not absolve him of his obligations towards his family. Financial Support Options: Alimony and Maintenance, Claims Against Relatives
You should have a direct consultation for taking legal steps against your father... There are several legal remedies available for your mother... Need to act fast!!
