LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shivaji Rao (worker)     16 November 2011

How easy/difficult is disowning/ownign parents?

have heard/read lot about 498a cases....where in parents are tortured.

Is there a way we can disown the parents and own them after 498a/divorce that parents are not affected.

This would definitely help all husbands going through false 498a


 22 Replies

**Victim** (job)     16 November 2011

Bhai kaisa sawal puch liya tumne it's a very tough one to answer although i know what you have mentioned here happens very often better keep parents away from husband-wife disputes.

Shailesh Kr. Shah (Advocate)     16 November 2011

reside seprately is only solution.

**Victim** (job)     16 November 2011

@ Shailesh it's easily said then doing it especially leaving parents when they need us i personally know how one feels when someone has to make a choice between parents & 498 (a) wife.

For instance if we lean towards parents then we have to be ready to face 498 (a) , Crpc 125, DV all those cases

If we lean towards wife then it keeps on bugging us whether or not it was really worth it to leave parents at that point when they needed us.

It's a tough call.

Rajeev Kumar (Lawyer/Advocate)     16 November 2011

Provide seperate accomodation for your parent it is the best solution

Shailesh Kr. Shah (Advocate)     16 November 2011

arrange your residence or your parents resiedence at near, so  you can keep in touch.

1 Like

Adv. Chandrasekhar (Advocate)     16 November 2011

Sailesh Shah & Rajeev Kumar's replies are really appreciable.

But I doubt very much, how many people on this forum appreciate the neutral and professional suggestions made by you, because they are in neck deep in matrimonial disputes and they developed the habit of hating every woman except their own mother and sister during the course of time and times gone by, they are becoming madder day by day.

Let us see, how our system is unfairly treating the women-either it be mother, daughter, mother-in-law, daughter-in-law, sister or sister-in-law.  Unilaterally, in the name of "tradition" it is decided (by whom? God knows, but not by courts), the husband's house is, for all practical purposes,s matrimonial home.  Husband cannot leave his old age parents (I really appreciate this feeling and concern towards older generation by younger generation) but wife should leave her old age parents (even they are in dire need of her presence and her earnings) in the name of tradition.  Now, immediate question raises in my mind that, qua husband,  where thelove and concern goes away, when the matter pertains to  old age parents-in-law.  Often I see that there is a complaint from the side of husband that in-laws' interference  ruined the family life.  Never I saw any complaint from husband that his parents' interference also will be the cause of matrimonial distrubances.  Same is the case, with the wife.  Her contention is that her in-laws' interference is the cause of matrimonial disturbance and not her partents'. 

The demand by the wife for separate house is in other words, there is interference of her in-laws' in matrimonial distrubances and to avoid it, she is demanding the separate house.  If the husband has got  objection  to the interference of his inlaws in his matrimonial life, wife also shall be allowed to object the interference of her inlaws in her matrimonial life.  It does not augur well for the husband sitting in his parental home and say loudly that his parents are not interfering in his marriage life, but wife's parents, who are sitting far away from matrimonial home, are interfering in his marriage life by continuous telephone talk.

Men should understand that they have not married robots, but a living human beings, who have been gradually becoming economically independent and are aspiring equality in every aspect of life.  As and when it is understood, then there will be reduction in matrimonial disputes.

Being advocate, I am neither man's side nor woman's side, but seeing the rapid developments in social political and economic spheres of the Society, I try to understand the issues objectively unlike several members of this forum, who are effected by personal matrimonial problems and lost the capacity to decide the issues rationally.  

**Victim** (job)     16 November 2011

I guess some people don't know what the pain is when they had to leave their parents ? They just think of filing their own pockets by posting unncecessary comments and it's damn easy to act as a womens lawyer my view doesn't change a real advocate should be helping everybody. Rather help a guy who is stuck in fake 498 (a) along with his family rather then suggesting him to leave his parents.

"Compromise" is something everyone does in their life and this what author of this forum is trying to explain. Although once everything is cooled down he does wants his parents back in his life. As advised by Adv. Shailesh that could be a best option but i doubt besides Adv. Rajeev or Adv. Shailesh anyone else have a better solution here....

Adv. Chandrasekhar (Advocate)     16 November 2011

Originally posted by :**Victim**

I guess some people don't know what the pain is when they had to leave their parents ?

This pain that every wife faces, when she leaves her matrimonial home.

They just think of filing their own pockets by posting unncecessary comments and it's damn easy to act as a womens lawyer

Madness reaches its zenith, when sane comments are not digestable.  How  posting unnecessary comments will make the pockets full?  This type of idyosynchrocies put peole into matrimonial trouble.

my view doesn't change a real advocate should be helping everybody.

Yes. Advocates should help the people, who are in need of legal help by giving proper legal advice.  It does not mean that they should not give any legal advice to wives or complainants of Section 498-A cases.  This country has seen several dowry death cases and several convictions in Section 498-A cases.  Every day,with open eyes, if any one see the society, hundreds and thousands of atrocities perpetrated against women amounting domestic violence Act are visible.  Glaring example is, in our Great India, girls are killed in embryo or immediately after getting the birth.  Whether it is killed by men or women is not the relevant thing, but the victim is always a girl child not boy child.  Shame on those people who weep about their Sectin 498-A in the name of "VICTIMS" instead of saying a simple sencence, at least as lip sympathy, towards those inhuman female insanticide, who are real "Victims" of atrocities by you, by me and by the entire society.

Rather help a guy who is stuck in fake 498 (a) along with his family rather then suggesting him to leave his parents.

This advice is only those guys, who force the wife to leave her parents.



Aishwarya (Teacher)     16 November 2011

are u married or not ? asking this beforehand, is it done or not ie 498a ?..

if u  are married  then ..let ur parents live in the home they ve always been living in , while YOU arrange for another accomodation and meanwhile dont forget ur duties and responisibilities towards them..go visit them n number of times and take care of thr needs..

If ur running with 498a, (bhagwan kare aisa naa ho kabhi but just in case since ur not clear in question )

 then best is that ur parents disown you .legally ., its a normal process ,ask a lawyer.

and nobody bothers even if ur living with them. after all tht..

Shivaji Rao (worker)     16 November 2011

lawyers/advocates: could some one help me how to go about disowning parents and owning them after the 498a?

Shivaji Rao (worker)     16 November 2011

do lawyers suggest disowning parents and owning them after 498a? do you see any issues with it?

Adv. Chandrasekhar (Advocate)     16 November 2011

In law, there is no procedure to disown the natural parents and own them again.  But, some people tried to invent ingenious methods to satisfy the needy public.  The first step is to give a paper notification (some suggest even giving Gazette notification) disowning them.  Second, file a information letter in the police station and obtain a receipt for the same.  It, some pundits say, will effectively help to prove the fact of disowning before the court of law.  But, as an advocate, I do not believe them.  I believe that in law as there is no procedure, there is no way to disown the natural parents.

Why disowning?  Disowning is generally attempted to relinquish property rights (civil matters) or to immune them from criminal prosecution (As it is your specific querry).  If a person disowns his parents, he loses the property rights of the self acquired property of parents, if they in future accrue on him by testament or intestate.  If the property rights comes down on the person by way of ancestral property rights, then, even though he disowns his parents, arguably the wife and children will acquire the inherent rights.

Now, most important question. What about criminal prosecution?  Indian criminal law is quite clear.  No one is accountable to criminal prosecution, if he is not culprit/accused.  If the wife puts specific allegations against in-laws, they cannot get immunity from criminal prosecution, only on the basis that their son disowned by them.  They have to either face the trial to prove their innocence or apply before High Court for quashing of the FIR/Charge Sheet on the ground that there are no specific allegations against them.  In normal course, generally parents are given bail in the first appearance itself.  

**Victim** (job)     16 November 2011

Wow today i learnt how to disown parents legally as well good job Chandu you are really very capable. Not only that i also learnt what are pros & cons to avoid parents ?

Arvind Sehdev (Advocate)     17 November 2011

Just ask your parents to disown you.....

If you have the property in your name then make some arrangements for them. Like a good rented place.

Plus pay then rent through cheques.... Keep the rent agreement in hand.... i assure you that you will have problems even once you are seperate....

But they wont be harassed that much as compared to them staying with you....

Plus you visit them and request them not to visit you till this is over.....

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Post a Suggestion for LCI Team
Post a Legal Query