My mom is second woman in my father's life what are my rights as a daughter of my father?
varsha
(Querist) 31 December 2013
This query is : Resolved
Hello,
My mom is second woman in my father's life as she is not having any marriage certificate .
My father belongs to small village and every one know my mom as his second wife there.He was in reputed company and was at very good position earning good money. Last month he got retirement.
Because of domestic violence my mom and I started living separately since 6 yrs from him but we were connected as he was giving money for house rent and for my education he used to visit us also. He taught me up to graduation.
Every thing was fine till he was not having third lady in his life( at the age of 60 he is living with third lady) suddenly he disconnected from us not picking phone not giving money nothing and if he picks phone he abuses us.
I am graduate i can work and fulfill our needs but my father's behavior is very hurting for me .Till now i was most loving daughter for him but today he say's i and my mom has ruined him as he had put lots of money in my studies and now he does not want to give single penny to us.
Not for me but for my mother i want to fight for her right, I cant see her in pain and guilt of opting biggest mistake of her life.We dont have money so that we can consult good lawyer.
please tell me at this situation what should i do? what are my and my mother's rights against my father? If as a second woman my mom and as daughter we have any right then how can we access it?
adv. rajeev ( rajoo )
(Expert) 31 December 2013
You have got share in the share of your father in ancestral properties.
varsha
(Querist) 31 December 2013
Can i ask my father for monthly allowance for
us?Do we have any act for this? if yes then how can i opt for it?
Devajyoti Barman
(Expert) 01 January 2014
If you are not married then you can claim maintenance from your father u/s 123 crpc but your mother not.
ajay sethi
(Expert) 01 January 2014
make an application to court to direct your father to maintain you . he is bound to do so .your mother is not legally wedded wife of your father . she can claim maintenance under DV act
J K Agrawal
(Expert) 01 January 2014
You are a valid daughter of your father in all respect and there is no difference between the children begotten by valid or invalid marriage.
But at the same time your mother is not enjoying status of a valid wife.
Even after this your mother may be treated as wife under so many acts like she can get maintenance under Cr. P. C. or can get relief in Domestic violance Law. She is after all having at least live in relationship and now the Hon'ble Supreme Court has recognized it as good as valid marriage.
Your case is fit case where such a second marriage should be validated by appropriate Law.
Adv. Chandrasekhar
(Expert) 01 January 2014
At the time of your mother's marriage with your father, whether he had a surviving first wife? If so, your mother's marriage is not valid. Otherwise in all the purposes and intents she is a legally wedded wife and enjoy all the status of a married wife and she is entitled to maintenance. Otherwise also, as per the Domestic Violence Act in vogue, she is entitled to residential rights ( a rented house) and also maintenance. Irrespective of your mother's status with your father, you enjoy all the rights as that of legitimate child and if you are not married, till your marriage or getting employed you are entitled to maintenance. If your case will be taken up by a prudent advocate well versed in women related laws your father can be put to mat for all the insults he is heaping at present against you and your mother and get the relief what your are seeking. Chandrasekhar Adv. (M)9958670740
Rajendra K Goyal
(Expert) 01 January 2014
Maintenance can be claimed by you from your father .
T. Kalaiselvan, Advocate
(Expert) 01 January 2014
I agree with opinion of Adv.Mr. Chandrasekar in this issue. Your mother can file a case under the provisions of Protection of Women against domestic violence act for maintenance, residential rights etc. You are also eligible for maintenance u/s 125 Cr.P.C. until your marriage. Please consult a good lawyer and engage him for handing the case.
