hello, we are a family of 4, my mother, my father, my brother(10yrs old) and I. We recently caught our father cheating on my mother and when we did he hit us both. He is abusive and has told that he will not give us any money or pay the house rent. I am awaiting my offer letter for my job(within a week) and my mother is going to find a job. We have sufficient proof. But we fear my father might take away my younger brother. The child however is determined to stay with me and my mother. The father has never done his duty other than just giving the money. We fear he might take away the child as he is financially very strong with good contacts and has people to look after the child. What should our steps be as we do not want to fight him (even legally) because of his influence. we are happy to just walk out but are worried only about the child.
Dear Sir, You have to file several cases against the father but you must be financially indpendent to proceed against your father.
Dear Client, based on your question, if your father torture your mother then you can file a complaint to the local police station for Cruelty and if your mother can file divorce as well on the ground of cruelty under section 13 of the HMA,1955 along with that your mother can claim for child custody for her minor child. Hope this advise help you. For detail discussion feel free to contact.
Dear Client, based on your question, you can file temporary Custody order as of now and if your mother are not happy this marital life she can file divorce under section 13 of Hindu Marriage act and also file for child custody as well. It would suggest to consult an advocate for proper and detail suggestion. hope this advise help you. For more detail discussion feel free to contact us.
Your mother and brother can claim maintenance including house rent etc. Your brother can give his consent to live with mother if father file case for custody of child. If father file any case then you and mother donot have any option but to fight the case.
