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shabaz ali (seoo)     08 January 2012

Live with mother not with father

I am male,23yrs old,working in MNC at delhi and belong to allahabad ,uttar pradeh.My mother and father live apart from 20yrs but not divorce.Me and my two sister want to live with my mother because my father always abuse,scold  and torture us .My father always put license Gun on us to do what he want.He do what their brother & sister( my uncle and aunty ) say.He is working in A.A.I.(Semi-goverment)

Please tell me what action should I take against my father so I can live with my mother.In which indian law I can file a case against him if  he tortue us in futher ?



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 14 Replies

Shantanu Wavhal (Worker)     08 January 2012

u r not under age. just go & start living ur mother.

ur mother can book him under - DV act / 498a (cruelty); if he is harassing you & ur sisters.

ur sisters can book him under - DV act.

2 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     09 January 2012

Dear Shabaz Ali

You are major now and you have right to live with your own will & style noone can restrict you for this, as Mr. amit informed you your sister can file a case under Domestic Violenece cat & get protection order.

feel free to call

Nadeem Qureshi(Advocate)Delhi

2 Like

Ranee....... (NA)     09 January 2012

Go and live with your mother.Is your mother or any of you are working?

1 Like

ravindra (Analyst)     09 January 2012

I Shabaz Ali

Just request to local police they will help you better in this matter. unnecessary dont file 498a and Dv case.

And u can live wherever as u r not minor

Thanks

ravindra sonavane

 
 
1 Like

(Guest)
Originally posted by :shabaz ali
"
I am male,23yrs old,working in MNC at delhi and belong to allahabad ,uttar pradeh.My mother and father live apart from 20yrs but not divorce.Me and my two sister want to live with my mother because my father always abuse,scold  and torture us .My father always put license Gun on us to do what he want.He do what their brother & sister( my uncle and aunty ) say.He is working in A.A.I.(Semi-goverment)

Please tell me what action should I take against my father so I can live with my mother.In which indian law I can file a case against him if  he tortue us in futher ?
"

 No father will put gun on his own kids until and unless they are not doing any big mistake.

shabaz ali (seoo)     09 January 2012

I am working in MNC @ Delhi.

shabaz ali (seoo)     09 January 2012

This is Kalyug Brother.My only mistake is that I love my sister and mother.If I try to stop my father for abusing my sister and mother then he put gun on me.This is my mistake

1 Like

Shantanu Wavhal (Worker)     09 January 2012

@ shabaz ali

This is my mistake

 

its ok ! To err is human !!

As u have realized ur own mistake, u can correct it.


Take proper help of appropriate law. 

use the law; dont misuse it.

1 Like

shabaz ali (seoo)     09 January 2012

Thanks Shantanu  Prakashan, for telling Domestic Voilence Act 498a,but I don't know about it.Please explain briefly.i.e.

1. What benifit I will get from this act  ?

2. What document or proof ( Gavahi) required to make my case strong and win the case ?

   i.e. Voice recored,vidieo recored,written applictionor or else proof.

3.After registering case if he torture us then what action goverment will  take against him ?

Is this act strong enough to fight with him ?

shabaz ali (seoo)     09 January 2012

Shantanu I am not doing any mistake.I am trying to safe my mother and sister from my father and uncle slavery. I need freedom from them

Shantanu Wavhal (Worker)     09 January 2012

i wonder, 

why everyone is thinking that 498a & DV can only be misused !!

Shantanu Wavhal (Worker)     09 January 2012

 

My understanding of 498a & DV act

Please correct me wherever I am wrong.


Procedure of 498a :

1) Complaint is filed by wife at CAW cell.

2) CAW cell '‘requests'’ husband + in laws & hands over a copy of written complaint of wife.

3) Husband is not legally bound to attend.

4) Husband side files their answer to the complaint.

5) Mediation efforts are done by CAW cell. (both the sides are given a chance to reconcile.)

6) If mediation fails & sufficient substance is found in wife’s complaint, FIR is filed.

7) Unending WAR starts.

 

Not all but a considerable number of wives are subjected to cruelty.

 

Shouldn’t such wives resort to the said provision, after they have made sufficient efforts for changing the attitude of torturing husband and in laws ??


Resorting to 498a first gives a chance to wife & husband to settle the dispute amicably.

For the wife, whose husband & in laws are not ready to change their tyrannous behavior at home, CAW cell offers mediation.


So dispute can be resolved with the help of 498a. Can this be called a misuse of 498a ??

 

If a wife, aggrieved by husbands cruelty properly resorts to 498a can it be called misuse ??

 

Same is true with DV.

DV offers civil relifs to wife if she is driven out of house or is not provided for her basic needs.

If such a aggrieved wife properly resorts to DV, will that be called misuse ??

 

WHY MOST OF MAJORITY ASSERTS THAT THE SAID LAWS CAN ONLY BE MISUSED AND NOT JUST PROPERLY USED ??

2 Like

shabaz ali (seoo)     10 January 2012

Thanks ,Shantanu Prakashan  for explaining 498a Act.

Please tell me what is CAW ?

Is it there any more act i.e. (section 323- Section 330) in which I can register a case against them.?


(Guest)

Why do you want to file case against your own relatives better leave them and stay with your mother if she is interested.


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