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Karthik (Sr. Manager)     31 August 2014

Can wife put a torturing husband out of house

My father(age:62) and mother(age:50) stay together and we two brothers stay outside due to job and study. Since last 5 years my father is constantly harassing my mother ... doing both physical and mental harassment ... not providing food to her also. We both brothers are supporting my mother financially so that she meet her food and other necessities.

During last two months situation has become worse further and my father is threatening my mother to throw her out of house if she does not sign the divorce paper.

My mother has already approached to the police station but the officer did not pay much attention to it.


In this situation can my mother throw my father out of house as he is always torturing her. Suppose my father had gone to market and on return my mother does not allow him to enter home further. What are the legal procedures he can do against my mother?


 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     31 August 2014

The Domestic Viollence Act 

  • The Act seeks to cover those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption; in addition relationship with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with the are entitled to get legal protection under the proposed Act. She can give complaint to the nearest police station through even SMS, mobile phone, email to commissioner of police. They takes action definitely. 

Adv Archana Deshmukh (Practicing Advocate)     31 August 2014

Ask your mother to file a complaint under the domestic violence act in the court and seek protection order against your father. She can also seek residence order and suitable orders can be passed by the court restraining your father from committing acts of violence against your mother or also disallowing him from entering in the house.

fighting back (exec)     31 August 2014

@adv archana........good to have you back in the forum...a lot of ld members have left the forum......

laxmi kant joshi (instructor)     31 August 2014

To restrain all these domestic violence ask your mother to file domestic violence case in the court and seek protection order , residence order and monetry relief from the court , tell her don't tolerate violence upon her .

Karthik (Sr. Manager)     01 September 2014

is 498A applicable in this case ?

Adv k . mahesh (advocate)     01 September 2014

at this age what they want is the question not filing cases on each other alright your mother is facing harassment from your father but even see the age of your father also who is already retired and why he is doing such act why cannot your both sons discuss with your father and solve the issue if no solution is arisethen go legally but before that take a discussion and settle the issue amicably

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