Sudheer VFG (Engineer) 28 October 2017

Father torturing mother mentally and physically

Dear All,

I am really looking for an assitance to rescue my monther from father who is tortuering her Mentally and Physically very often.

Father does no business or job since last 30 years our source of income is only RENTS from assets that have come to my father from my "Great grand father " by WILL which i guess would give rights on every property to great grand children as well.

Father is not being not at all transparant on RENTS we get from assets i guess we may probably get around 60k per month but whenever my monther asks how we are utilising all the money that we get from tenants he always abuse her and torture her mentally and physcially .

He has many connections with laywers in native hence he is threating us to get away from house and said if you seek for info on assets then he will make my mother worse than any.

So whom should i approach to bring him in control and Why should a Hsuband must beat or abuse a Wife when financial details are asked ..

1) Should i approach Human Right commision

2) Should i meet family lawyer

i have to put a break immediatly now .. somewhere i red that if family members says that father being brutal to mother then such can not be considered as compalints except non-family guys complaint about it.

Thanks alot ....

Parents Age:
Father 65
Mother 60

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8 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 29 October 2017

Dear Querist
if you mother is also ready to take action against him then file domestic violence case against him before magistrate court under section 12 of Protection of women from domestic violence act 2005 and claim protection and residence and maintenance order and compensation under section 18/19/20/22 of act 2005

saravanan s (legal advisor) 29 October 2017

After all these years you or your mother suddenly want to know how your father is spending the money he is getting through rent.i think that thought would have stemmed from you.looking at the age of your father i feel that going for complaints against him under dv or any other section would rob the peace ( atleast if any ) still exists in your family.i advice you to sort it out by involving elders in your family rather than filing dv or any other case against him.

saravanan s (legal advisor) 29 October 2017

Vijay Raj Mahajan (Advocate) 29 October 2017

You file civil suit for partition of the ancestral property held by your father, this will help you get control over him and his arrogant behavior. Will can be made for self acquired property only not the ancestral property by the holder of the property, That Will has no validity.

Filing domestic violence complaint under section 12 of the Protection of the woman from the Domestic violence Act, 2005 by your mother will not be of much relief if she has residential place to live provided by your father as well she is being provided monthly maintenance for her by him. The only relief of protection order will be made if the father is physical hitting your mother, under this order he can be restrained from coming near her and using physical force on her. This Act as such is of no use just made for the purpose of providing maintenance and place of residence to women living in domestic relationship.

Kishor Mehta (CEO) 29 October 2017

If the property is legally received by your father through a legal WILL it becomes his absolute property and no one has a right to demand an account. You are best advised to settle the matter mutually, it may not help you to take recourse to any legal action.

b.goheel 29 October 2017

pl. refer ::

https://www.lawyersclubindia.com/forum/Power-of-attorney-on-great-grandfather-assets-52457.asp

Siddharth Srivastava (Advocate) 29 October 2017

Merely the property belongs to your great grand father does not mean that such property is ancestral property. It to be seen as to whether the property is ancestral property or not. Your father has no right to torture your mother as stated by you. Your mother is entitled to live with dignity. Your mother is entitled to maintenance which includes residence etc. Your mother may lodge complaint with police. If property is ancestral then you can claim partition. Consult a lawyer with details.