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Horrified (PQR)     16 May 2011

father's adultery

My father has had illegitimate relationships,one after another for the last 20 years.He filed for divorce but lost the case thrice in the session,lower and high courts.

I am his only legal heiress....can I fight him or his parents for my property? I am scared about my mother's security.Can I alternatively file for Mental torture?

Please advice.



Learning

 38 Replies

Gundlapallis (Advocate)     17 May 2011

You can have cent percent rights on ancestral properties.  Nobody else can claim.  But as far your father's self acquired properties... its at his will he may or may not give you its his absolute right until he is alive but if he ends without a will then the property is open for share to all illegitimate children who all could claim.

 

As far as mental torture thing... its your father who wanted divorce  but, your mother faught against it - that means all his illegal acts are legally ignored/forgiven by your mother. 

 

As far as You concerned... even i wish to know whether there is any protective or compensatory law in force for children who suffered cruelty or torture at the hands of their parent(s) so that they can take action against such parent(s) soon they become independant majors.. just as the authour of this thread.      Members plz express your deliberations on whether any such law should exist.  Thank you.

1 Like

Ambika (NA)     17 May 2011

Your mother can still file a domestic violence case against your father. She can seek releifs such as residence, maintenance, child custody and child support,  medical expenses and compensation for the torture she had gone through. As a dauther  you too can file a domestic violence case against your father for the torture you have been put through. This act  gives right to your mother to live separately from your father. 

I can imagine what bad environment your father would have created for you and your mother to live in.  Ask your mother to fight for her right to live with dignity, rather than keep putting up with your father's illegal and immoral activities thus harming her as well as your well being. 

 

2 Like

adv. rajeev ( rajoo ) (practicing advocate)     17 May 2011

You have got share in the share of your father's in th ancestral property, along with you your mother will also get one share.  So go for suot for general partition and seperate possession.

1 Like

Suchitra. S (Advocate)     17 May 2011

I agree with Gundlapallis views regarding your father's dovirce being dismissed thrice. It is because your mother who is being considerate towards your father, you ahve been suffering all this mental agony. As he said, you have all the rights towards his ancestral properties but not on his self earned property. As an unmarried girl, you can claim maintenance from him if you wish to. 

But the best is DV Case against your father as you have many remedies under the Act. For that, you have to prove cruelty under different heads, like mental, financial, emotional, physical etc. You cannot claim remedy for adultrous life of your father under this Act. 

It is your life and you have to decide what you want. I do not know how old you are, whether you alone can fight the case in the absence of mother's support etc. I advise you to be self suficient and move out of that house, if it is possible. There are legal remedies available, but to fight legally, it needs determination and perseverance  for a female here, in India. 

1 Like

(Guest)

Daughter cannot filed DV against father ! Correct me if I am wrong - I am not a lawyer. It seems that your mother truly and selflessly loves your father as a true Indian nari should. You are trying to create a rift in the family.

I dont think this is a case of DV or cruelty. This is a case of daughter hating her father for reasons unbeknownst to this forum.

You have some selfish interests here. You need to be more transparent than what you have revealed in your post.  You are hiding facts. 

Ambika (NA)     17 May 2011

 

 

Am open to be more educated by experts' view points on my understanidng mentioned below:

I believe ve an adulterous act of husband is a solid reason to put wife through worst sort of mental and emotional torture. The wife may not want divorce and hence would have contested it, divorce remains a social stigma and there may be other socio cultural reason for her decision  to contest divorce and decide to live with her husband. However, if wife is mentally aggrieved by this s*xual promiscousness of her husband, she can file a domestic violence case on that ground, she would then prove emotional and mental abuse by her husband's adulterous acts. 

Wife need not prove all the grounds of violence: mental , physica, s*xual, psychological, economic etc. Even one or a few of these grounds are enough, if wife can prove them. However, in most cases there are interlinkages between various grounds.  It depends what type of reliefs she wants to seek. Many women remaining unaware of their rights for legal remedies remain trapped in abusive relationships. At least they should know what remedies exist for them to take an informed decison as to whether to seek remedies or remain in the same situation. 

And Yes, ofcourse, a daugher can file a domestic violence case against her father as well as brother/s.

And querist: whether you use law or not,;  always remain aware of  it. Also do not have heart break by reading adverse comments on you. In this forum it is a very normal practice  to abuse  and bully women, if they so much as talk about thier rights.

So please go ahead boldly with your discussion with the experts to find the solution of your and your mother's problems. 

 

1 Like

(Guest)
Originally posted by :Adam
"
Daughter cannot filed DV against father ! Correct me if I am wrong - I am not a lawyer. It seems that your mother truly and selflessly loves your father as a true Indian nari should. You are trying to create a rift in the family.

I dont think this is a case of DV or cruelty. This is a case of daughter hating her father for reasons unbeknownst to this forum.

You have some selfish interests here. You need to be more transparent than what you have revealed in your post.  You are hiding facts. 
"

 

 

Dear Victim of Crime,

 

Just like you are a victim of crime,so is the author.You cannot question her truthfulness here by saying that she's trying to create rifts or is being selfish.

 

Her mum is already too docile.So if she wants to stand up against her adulterous dad,who are you to to put such allegations upon her?What if people at LCI start doubting that you are a""fake" victim and start putting allegations on you?How will you feel?

 

People like you just want that men should commit as much adultery as they want and their wives must tolerate like a true Indian nari.For you,a true wife is someone who tolerates sh*t of her husband.And you seem to respect such women.Tomorrow if your sister's husband starts cheating her,will you ask her to tolerate like a good wife?

 

Dear Horrified,

 

I can understand your pain.

 

I also concur with the matured views of Ambika.You can also file a DV case against your dad.Collect as many proofs as possible,where the neglect,cruelty and harassment of your dad is evident.Even having affairs outside is = to neglecting children and that is also cruelty.

You can file a DV case against him.In case it's not possible,convince your mother to file a case.Tell her that her husband doesn't love her,hence he's filing divorce cases.So there's no point in tolerating his injustice.She should stand up against him.If she wants marriage to continue,then she must file DV,or else husband will become successful one day in leaving her and subjecting whole family to trauma.If she realises by then that she had been too docile,it will be too late and she will regret her own weakness forever,that made her hubby trample upon her.

1 Like

hema (law officer)     17 May 2011

Has Adam not eaten the  forbidden apple and not defied the God's dictum, we mortals, have not been facing the misseries of the mundane world.  now 21st century Adam is preaching the adultery in hindu husbands and imploring the hindu women to be more tolerant.  he also, in other posts, propagates several false things about the domestic violence Act prevailing in US, thinking that we indians are living in caves just like tribals and are ignorant of laws prevailing in western countries.  so far so good.

Now gundlapallis and Rajeev (Rajoo) advice must be taken very, very seriously.  Father is an adulterer.  it takes huge money to maintain the habit of adultery.  in that process, properties (ancestral) will be sold out and adulterer has no scope to acquire property on his own (self acquired property).  the author must list out how much is the ancestral property and how much is the self acquired property (I think it is nil) of the father.  Your first priority shall be, according to me, to preserve the interests of your mother and yourself on ancestral property and see that they will not be disposed off by your father to maintain his bad habits.  Now, most important question arises - during the life time of your father, can you and/or your mother claim partition of ancestral properties and stay against disposal of  properties? To my knowledge, there are conflicting decisions of high courts. You require to post this question in property section and get a definite answer.

For filing DV case and its effects and whether to file it or not, Suchitraji, Ambikaji and Meenalji gave detailed reply.  I concur with them.

1 Like

Horrified (PQR)     17 May 2011

First,id like to thank you all for your prompt replies.I appreciate everyone pitching in with the best of their knowledge.

@ Meenal: I do have selfish motives behind this....I am trying to fight for what should be MINE!( if you may call this SELFISH!),but im not trying to hide any facts.

So to open more details,My father does not live with My mother and me in my paternal grandparents house that we have been living in for as long as he started having these relationships.The reason we fought against divorce was because we want to stay members of the family-emotionally and socially!My mother was not at fault anyways,and she still loved her man,so why should she bear the tag of being a "divorcee" all her life??? That is the only support we have had ever from my father or even his parents.And these were very clearly to only reflect to relatives.They have a huge amount of property,and it would not affect them in any way,if one lay wasted in our hands!My mother has lived through very hard times to bring me up and keep the house running on her own.

The problem is my grand parents have always emotionally used my mother for they know that we are the only people around them to take care of them in their old age.All three of their own children have walked down upon them.And for their sense of security,they will hold on to any decision being made in our favour,because of the fear of being let gone.My mother and I are living in a dingy dirty place because we do not have sufficient funds to spend on something that might not end up being ours,and we might get thrown out,in which case,We will have to create more resources to find a shelter again.

 

My mother is 50 and has lived in agony for the last 25 years.I really need to find a solution to end my mother and my agony.

Horrified (PQR)     17 May 2011

There is no self acquired property,he earns a lot but his bank balance has been perpectually zero!!

All property im referring to here is ancestral

hema (law officer)     17 May 2011

Now follow mr.rajoo's advice and file civil suit for partition of ancestral properties.

file domestic violence case for maintenance for you and your mother.

Gundlapallis (Advocate)     17 May 2011

As far as You concerned... even i wish to know whether there is any protective or compensatory law in force for children who suffered cruelty or torture at the hands of their parent(s) so that they can take action against such parent(s) soon they become independant majors.. just as the authour of this thread.      Members plz express your deliberations on whether any such law should exist.  Thank you.

 

Dear Ambika and Suchitra

 

Under Domestic Violence act as far as i know all the relief(s) are compensatory in terms of money - as far as father and child relationship is concerned there is no deterrent action plan to contain a irrespoinsible parent.  In the present case... the author's father is rich ... he can pay compensation that the court may decide after a lenghty proceedings, but he will never change, for the lack of deterrently punitive solution in DV act and the authors situation remain the same except some monetary benefit gained on her father's weakness.  My question is:

 

Do we need a Criminal Act for containing irresponsible parenthood?

 

Dear Horrified
 

Since you revealed in your latest post that your Grand parents are still alive,  the only option now you have on your hand is to file for maintenance and shelter under DV Act, by your mother.  

And also that as you said your Grand parents also have other children your rights in the property is only to a limited share and again several issues stand in line to be considered before final settlement like, whether that property is self acquired by your Grand parents or its their inheritence? whether your Grandparents execute a Will during their lifetime or not etc etc..

 

   

Gundlapallis (Advocate)     17 May 2011

Since your Grandparents are alive - suit for partition is not open.

Ambika (NA)     17 May 2011

Dear Mr. Gundiapallis

Domestic violence act would ensure as yu say monetary entitlements  and and they can seek a better place to live in .  The father in this case has abondoned his responsibility to his daughter, but ensuring monetary entitlements would ease the life of the child and mother. Under DV act they will not only claim maintenance but also medical expenses and rental for a better residence which is not dingy. Most importantly, it is not a question of remaining in the status quo relation vis a vis father and husband but asserting their rigts to live in dignity and ensuring that they get thier entitlements. 

I hope the querist would fight on both fronts: secure her property rights as well as secure the entitlements under DV act. I wish she muster all courage, and with the help of people like you, Rajiv ji , Suchitra ji and Hema ji, can go ahead and seek legal remedies due to her and her mother. 

And dear querist, I do wish all the courage and will power for you not to give in . 


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