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S.B _Kolkata (Service)     23 January 2010

Disown myself legally from the family

I am anticiapting that she is about to file 498a falsely against me and my family. Before that can I disown myself from my family legally to save them?

If yes then what is the procedure, as my parents are not ready to do so..



 12 Replies

Lilly rose (n/a)     23 January 2010

Your query is peculiar since it involves family dispute. Unlike in a dispute relates to a firm, where a partner can show resignation from partnership or disown from business. God has created relationships to secure one another. It is devoid of disowning right from its birth. That's why there is no law to disown parents, blood brother or blood sister. But the marriage between two made by man is legally made separated by operation of law. Your passion towards your family members not to inflict them in a criminal case is laudable. The only thing that comes to my mind is you may take the entire responsibility to your shoulders and defend yourself, leaving others right from any incarceration or further legal proceeding in the Court. You many confess before police that others are not in anyway responsible in your husband-wife dispute. But there is no legal disowning of a family member by means of a document or deed.

1 Like

Raghav Sood (Lawyer)     23 January 2010

even if you disown them the wriath of 498A will get them disowning cannot act as shield in 498A

1 Like

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     23 January 2010

DO NOT BE PANIKY. DAILY HUNDREDS OF 498A REGISTERED AT THANAS OF INDIA. THE LEGAL procedure is that, the police will arrest you and put before  the magistrate, within twentyfour hours of arrest. there you will apply for bail. if bail not granted, then you have to go to hc for bail. you may also apply for anticipatory bail.

where your parents are concerned, tell the thana and  court that they are overaged, and they are not at all involved in your day to day matrimonial life.

always keep it mind that bringing a charge and prove it are quite diffrent. charge framed by state (police/thana) depends upon prima facie of a case but proving it is about to end of the case, where it will be seen by the judge wheather the alligations are perfectly fit with the evidence and witness available.

what is 'disown' - is it any legal term?

1 Like

vijay sahni (LAW PROFESSIONAL )     25 January 2010

I agree with Arup Kumar, Any how as of date she has not even filed the case under 498A, so relax and do not let your parents panic at this stage of life. Hundred of cases being filed under 498A , there are measure to safe guard & defend its actual implementation  in process of litigation. Hire a local council specilised in this type of matter.

1 Like

Sudhir Kumar (Retd Govt Officer)     06 October 2013

A very childish plan. 


In criminal law the criminal liability does not extinguish if one accused disown other one.

1 Like

Sudhir Kumar (Retd Govt Officer)     06 October 2013

repeated

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=36623&offset=1#.UlDamVPQyVE

Divinity Soul (Job)     12 July 2016

I want myself to get disowned from my parents. My father just expired and I do not have any interest in retrieving the self-owned flat and assets of my mother who is a retited govt employee and getting regular pension in Delhi. This is in the context of the fact that my parents forced me to leave home with my wife and kid in 2011 and from that time onward I never visited them and no contact of any means until date. Please advice the legal procedure for disowning myself from my mother.

Divinity Soul (Job)     12 July 2016

Please note that my religion is Islam

Sudhir Kumar (Retd Govt Officer)     12 July 2016

again even after two years I repreat

 

A very childish plan. 

 

In criminal law the criminal liability does not extinguish if one accused disown other one.

innocenthusband   13 July 2016

Originally posted by : Divinity Soul
I want myself to get disowned from my parents. My father just expired and I do not have any interest in retrieving the self-owned flat and assets of my mother who is a retited govt employee and getting regular pension in Delhi. This is in the context of the fact that my parents forced me to leave home with my wife and kid in 2011 and from that time onward I never visited them and no contact of any means until date. Please advice the legal procedure for disowning myself from my mother.

Do you have any problem in remaining the way you are now, with no contact?

Or is your mother trying to hunt you down to give her flat to you? There is no need to disown yourself 'legally' as it doesn't exist. You are your mothers son, not the highest court of the land can disprove it.

What exactly is your problem?

Divinity Soul (Job)     14 July 2016

She is receiving pension on monthly basis as she is an ex-gov employee and owns her DDA flat in Delhi. Can she legally force me to live with me in my residence?

Gagan Kumar (Lawyer)     14 July 2016

Forum discussion may not give you concrete solution. You need to consult a lawyer over the phone or need a face to face consultancy. If interested you can contact GK & Advocates Law Firm (www.gkandadvocates.com). It will save your time too.


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