Threats from own father and brother
Ms. Dharitri Mallik
(Querist) 07 June 2012
This query is : Resolved
Hello Sir,
I am a helpless girl & I am a victim of my own Father & Elder brother's harassments, betray, exploitations. The thing is that my own father had put me under emotional blackmailing & by force had fixed my marriage in the year 2002 with a very bad guy & when their ill motifs & cheating had come to my knowledge then within 7days my newly marriage was spoiled & totally broken. After so many troubles, insults, difficulties I got mutually divorced in the year 2007 without getting any compensation or any allimony. And after this my father & my brother was deadly against of me to stay in my parents' house & defamed me everywhere by putting so many allegations. But my mother had supported me.Now I am staying with my old mother & youngest brother in the Upper Floor & my Father, my Elder brother, my sister-in-Law is staying in the Ground Floor. In between these years my Father who is 63years old had filled a Divorce Case against my old mother who is 59 years. Before the Divorce case my mother had filled a Domestic Violence Petition in the court but they have hired our Advocates & no permanent solutions has come out. When the final hearing of Domestic Violence case was going on our Advocate has lied us & never told us to come to the court & present before the Judge...And after some days our advocate informed us that the final decree was paased without our knowledge where only Rs. 7000/- Per month will be given to my mother & we will stay in the upper floor & my father should not crate any disputes with us. But after passing of 1 and 1/2 years my father again started creating disturbances with us with the help of my elder brother & Sister-in-law. Due to threats & severe disturbances my mother has closed the common door through which they come to our upstair. Our Both Floor is totally separated & only one indoor is there which joints both the floor. They are demanding that they have every rights to use the upstairs which deviates the court decree. IT has not been legal partition but my father can not come to upstair & create any disturbances. Now they are always insulting me everywhere by calling me as a Divorcee & you dont have any rights to stay in my father's building. The Land which was decided to be given to me before my marriage was also transfered to my brother without any knowledge of our family members. Now we came to know from a source that my brother & his wife wants to take the entire building & other village landed property into their name. My father has some illicit affairs with other lady. There are so many family problems has arisen...They are very powerful & have very big contacts, Ministers, Lawyers, money..And we are totally helpless & having no supports..Where ever we go every one comes under their big influences. Under such disputes, disturbances, threats & conflicts , they are forcing & biasing my youngest brother to get immediately married as per my father's choice & we know very clearly that they have threaten to my mother & me that under dowry torture case they will put behind us in jail. In such situation am loosing my mental balance & my old mother is sufferring from Osteoporosis disease & kidney stone. Our life became hell. SO please advice me what should I do? How can my mother gets her Right & how can I get the share from my father's property ?
ajay sethi
(Expert) 07 June 2012
ask your mother to file fresh DV case against her husband ie your father .
contact a local lawyer . if any protection order had been passed by court earllier in favour of your mtoher then if she files a fresh case your father will be in serious trouble . your mother can also ask for modfication of order of maintenance .
it is necessary to go trhough the complete case papers to advise further .