Karthik (Sr. Manager) 05 September 2014

How to get legally separated from my father

Hi,

I want to get legally separated from my father. He is very much harsh on me and my wife. My age is 29 and my father's age is 64. Is it technically possible to get legally separated from my father ? I have looked for similar advice to many people and they are advising me to just keep full disconnection with my father. But there are two laws i.e. Senior Citizen's Act and crpc 125 which empowers my father to file any maintainance claim further. He is having net bank balance of 50L and property over 40L and also having pension. Even tough in any case his maintainance claim will not stand because of his wealth and pension, but he has a very bad reputation of harassing people with court cases even if he fails to win those. I am anticipating that he will file a case of maintainance of against me withing 2 months maximum. What are the ways I can get legally separated from my father so that his case of maintaiance gets null and void in first date itself.

Thanks,

Karthik

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4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 05 September 2014

Our Mother India formulated constitution and made rules for judicial seperation between husbands and wives. By God grace, but not between children and parents. You can keep him safely in Old aged home under the supervision of local govt.

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Karthik (Sr. Manager) 05 September 2014

What if he denies to go to old age home ???

(Guest)

I assume there is no provision for this. If you were to go through my case ( by navigating through my profile), you will see even I am in similar situation.

Tajobsindia (Senior Partner ) 06 September 2014

1. There is no such law and as an major person you can jolly well live separate from your retired old age parents.
2. The subjective case(s) cannot be stopped by wishful thinking. If you have knowledge of his income then as and when such case(s) filed you can defend accordingly with assistance from an Advocate hired locally via reference.