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Ankit Mehta   30 April 2020

HELP NEEDED

Respected sir ,

Unfortunately I'm here writing this but need to seek all of your valuable advice ,it's regarding my father who is such a cruel man I have ever seen, my parents are married for the last 38 years and my father did nothing but always had taken loan and has always extorting my mom and my elder sister, my sister who is 37 years but still unmarried because of my father as he has taken all her savings and income from her and my mother since marriage,there is a property in which we are living which is joint in name of my mother and father on which my father has taken many loans and my mother and sister is paying the installments as he always ask for money and blackmail us if we don't give money to him then he will sell the property to goons but we have stopped giving him any money further so now he threatens us he will commit suicide and will leave the suicide note in all our names as we know he is such a coward who will never do that because he needs money so he's threating us ,my father has never incurred a penny on his home and his children since ever and we want to take now legal action and wanted to get seperated from him permanently, please advise

thanking you


 7 Replies

Dr J C Vashista (Lawyer)     30 April 2020

Whether your father is investing or wasting out the money taken on loan for which your mother and sister are paying EMI? Follow his accounts and activities before taking any further step against him.

Such person do extend threats to blackmail near and dear ones, leave aside committing suicide. 

Instead of legal recourse, just counselling will work with such a person.

Your mother can take permanent injunction restraining him (your father) for creating third party interest in the propety.

G.L.N. Prasad (Retired employee.)     30 April 2020

Most of the films are made on facts of stories like these.  All are majors and are aware of the law and there are hundreds of friends, relatives, and well-wishers to offer free advice when there is no litigation aspect for the present.  The simple question is Why should you suffer if you don't like the attitude of someone close to you? Approach to District Legal Services Authority for counseling to him.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     30 April 2020

your mother or sister or both should immediately file a criminal case against him under domestic violence act and claim protection right to residence, monetary relief & compensation under section 18,19,20,& 22 of the Protection of Women From Domestic Violence Act-2005, in this case, you mother and sister also get a restraining order against him for not contacting any of you by any mode and if he did, he will be behind the bar under section 31 of Act-2005 for breach of the protection order.

 

Feel Free to Call

2 Like

P. Venu (Advocate)     30 April 2020

Yes, Your mother and sister can seek relief under DV Act. It needs no elaboration that all his threats are empty - mere postering.

Sudhir Kumar (Retd Govt Officer)     02 May 2020

Agreeing with Mr Qureshi and Mr Venu I would add that probably your mother and sister volunteered to be blackmailed.

 

Your query is silent as to why loans were taken and from whom and what will happen if these are not paid by your family.

Shaiyan Luqman   03 May 2020

our company is not paying our salary for the month of march and april both. when we raised voice aginst this, company send us a mail on 17th of april, in which the written matter is that company sent you on leave without pay from 23rd march. if company send us on leave on 23rd march then why we get mail on 17 april.?
can we file case against company?

P. Venu (Advocate)     03 May 2020

Please post the above query in a separate thread.


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