Hassament by Children

@ Author


Few brief facts are needed to suggest further;

1. How old are you?
2. Are you in service or retired?
3. Is your son employed?
4. Do you have any married or un-married daughter?
5. Your location?
6. Is your son married?

1. How old are you?

54 year

2. Are you in service or retired?

Yes

3. Is your son employed?

No
4. Do you have any married or un-married daughter?

Yes
5. Your location?

Goa
6. Is your son married?

No

@ Author

Well in that case;

1.     File a GDR (general diary report) before area Police Station of your 'major' age son creating verbal nuisance at home and giving threat to your life and property and also state if anything happens to your life then your son is only responsible. Also pray for your protection form local police station by making weekly visits to your home to enquire about your safety, security and well being. Keep receipt of GDR in a safe place and also inform a trusted relative about such GDR in case of any eventualities to your life and property.

2.     Put a News Paper Publication via help of local ld. Adv. "Debarment" of son from home and no contact with father effective from date of publication of such Newspaper advertisement. Buy several copies of Newspaper of the date of publication and retain the head mast along with publication item safely as in advised in para 1. Give a copy of such adv. to your son and say thank you to him!

3.     A minor civil remedy you may opt. after consulting with a local ld. Adv. is that of ‘restraining order’ against your son not to enter home / property / be seen 500 mts. From property / no contact with you at your office etc.

4.     Concerning your wife's 'unfaithfulness' you may resort to options for divorce (grounds based) available under your personal beliefs Laws as from your name it is not clear if you come under Hindu Marriage Act and or under Special Marriage Act!

Colly. Reasoning to above paras:
A. In your life time your wife and son have no legal rights over your self made property.
B. In your life time your wife do not have any legal rights over ancestral acquired property
C. In your life time your son may claim his legal rights over property acquired by you from your father down the succession line though!

In our opinion above are some of your no-nonsense approach options.

Now as far as his options are concerned once he attains "major age as per provisions of applicable Law" he has no rights to seek maint. or support from his father unless he is a handicapped person and/or comes under special disability persons scenarios which we have a doubt bare reading from the two briefs ! Least to least he can claim his rights over ancestral acquired property if the case in hand is of that nature which we have reservation about.

Best is to ask him to leave house post above advise para 1 and 2 / 3 and tell him point of matter to reclaim his life for your menatal, pohysical and about to retire peace of mind!

Jugnu sir, i haven't understand one thing i.e if you wife is not loyal why you haven't give her divorce yet. As far as your son is concerned he is a major and is capable of maintaining himself. Don't worry,, have faith in God.

Thank you for your brilliant advice. I have further questions such as :

1.       What is the age for children to be major both boys and girls.

2.       I am Catholic from Goa and as I am told the family law in this state is governed by Portuguese law. And that if I go for divorce, 50% of my property and bank accounts will go the my wife and 25% will go to the children. I will be left with only 25%.

 Is the above information I got correct?

@ Author

You have been rightly advised and indeed there are a number of reasons why the Portuguese Civil Code is of paramount significance in the Indian legal context and you have already gained knowledge two of the most primary ones in your reply cum question before me.


Well let me admit yours is a tough situation under Uniform Civil Code applicable to Goa population is the only place in India and which is governed by Common Law, and in which there exists a lacunae where the protection of  the rights of women and children are concerned.  Under Portuguese Law, marriage is treated as a contract and the civil registration of marriage is mandatory.  There are four different marital  options under the law-community property, absolute separation of property, separation of assets existing prior to marriage and communion of property after marriage, and dotal regime.


I find your query academicaly educative, give me time to think 'about possible relief" in your situation and I may comeback on this board again in due course.


Covering your que. on age of majority for a boy it is 21 and for a girl it is 18 years.


However do consult locally on advise no. 2 given by me as I feel now that you have disclosed that your brief comes under Uniform Civil Code so what good "Debarment" will do when legal heir(s) rights are protected under Goa's Uniform Civil Code if wihtout a will ! 


BTW, your civil uniform code is point of envy for lot sof Indian women in other States.

Thank you. Please come back on board if you find something for me.