Civil Procedure Code (CPC)

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Shubham Gupta   12 November 2015

Domestic violence

I am a 16 year old, my mother has been subject of domestic violence from my father for the last 17 years, I think he is planning to kill her, he has been having an affair for the last 4 years.What information I should have to prove him guilty? My father is very well connected so there is a chance that he might bribe the judge. I have an elder sister and a younger brother. What are the rights we(including mother) have on his property?


 5 Replies


(Guest)

Well, first give a formal complaint to jurisdiction police station ASAP stating facts against dear dad.

Of the other things your mom can do is,

File for divorce based on adultery (keep proofs ready for his adultery).

File 125 crpc application asking alimony for you all, if kids aer lesser than 18 years of age, then you all can get alimony from your dad.

Ask rent under PWDVA 2005 drom your dad.

 

If your dad has earned his property on his own, then he can give it to anyone whom he wishes.

 

Its too early to think about property etc.  It appears that you have other plans than he trying to kill your mom.  Why do you want to think about property and share when nothing has happnd?

Contact local lawyer and meet in person to strategize your next move.

 

 

advocatepassy@gmail.com 971794 (Advocate)     12 November 2015

Only your mother can file a case against your father.  Rest all issues are irrelevant at this stage.

dr g balakrishnan (advocate/counsel supreme court)     12 November 2015

Ask your mother file sec 125 criminal complaint before any jurisdictional magistrate, that she culd by herself under a private complaint process or a local magistrate court advocate, she would be entitled to about 50% of her husband's income as she has children out of the wedlock. do not fie divorce suits, for that might be counter productive.

Shubham Gupta   13 November 2015

Thnx all And im thinking about property because the main reason my mother has been silent is that she is worried about us. She thinks by divorcing she will destroy the future of her children.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     14 November 2015

Even if parents get divorced, the rights of the children over the property do not extinguish. So ask your mother not to worry . This will not impact your right to the property in anyway

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