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Extra Marrital Affair

(Querist) 16 December 2008 This query is : Resolved 
Dear Experts,

My father retired from Army as Hon. Captain in 2002. He has always been dominating in the family and my mother do not even speak in front of him. Three years back he got into an extra marital relationship with a lady. The situation has become so worst that my mother wishes to commit suicide. All my sisters and brother are horrified with the environment at my house. I am the eldest son in the family and got married two years ago. Also, I'm staying away from my family. I am in such a helplessness situation that I don't know what to do. I had a dialogue with my father about this but there is no change. We also have some serious doubts that he might have been lending money to that lady in large amount. He is not willing to spend money on his family. Now I have decided to go for a legal action against him to save my other family members. I want to have all financial and proprietor control in my mother's hand, including the pension that my father receives from Army, so that he has to go through us before taking any decision.

Kindly suggest the possibilities and procedure to do it.

Thanks & Regards,
Kiran K Aryan
Mukul Aggarwal (Expert) 16 December 2008
This is a very sorry situation which you are facing. However you have taken a very good decision and law is in your favour. your mother could file a case against your father for maintainace u/s 125 Cr.P.C or domestic violence act..Further your sister also can file case against your father for maintainance...your mother can have separate residence, monthly fixed income from pension and other sources of your father..Further i will advise you to consult with a Local Lawyer
Dheeraj Joshi (Expert) 16 December 2008
Well Well

I dunno how come a person from such background I mean Defence can behave in such a manner, its a shame. Dear You have all the legal recourse available to book such fallacious man. Your mother can straight away lodge a police complaint against him under Bigamy and can put the person behind the bars. Further she can also file a suit for maintenance and your mother, you and your siblings can file for your rights in the ancesteral properties, if any, and in the property of your father.
Aniruddha.P.Pawse (Expert) 16 December 2008
Unless and until you have proof in your hands or you are the eye witness to your father's extra marital affair it is no use filing the complaint. So if you have proof you go ahead with local lawyers help otherwise get the proof and then file complaint.
Kiran K Aryan (Querist) 17 December 2008
I do not have any proof regarding this matter. However, that lady has warned my mother directly to stay quiet.

I am not looking at a partial resolution here. I want you to help me with the options or alternative of giving all financial and assets control to my mother including my father's pension, for which I will be putting this case forward to Army Headquarters.

Please advice.
Apurva Kumar (Expert) 17 December 2008
Well this is one of the good ground 4 asking maintnc u/s 125 of cr.pc and u may also file a divorce suit taking the ground of desertion or neglecting ur family member ur sis nd bro who r not major or even thou but not earning can claim 4 maintenence rest is ur choice?
mahendra rai jain (Expert) 18 December 2008
hi mr. kiran please file a case under latest domestic violance act. it will be helpful to you definetely .. plz contact to lawyer and tell him to file a case under the provision of the new act..
ritu bhadana (Expert) 03 April 2009
i agree with all my ld. friends
Hiralal Das (Expert) 05 April 2009
I do agree with the valuable opinions of the learned members. Thanks all of you.

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