occupying the house

No Abhineet you cannot stop your father from occupying the house as he is also the owner. As you are major now, you cannot claim maintainance.

@ Sh. Prabhakar,

Few open academic questions to you !


Que. 1: How come ld. Advocates are not advising on S. 125 CrPC now-a-days to daughter(s) or DIL's ? Is the charm of S. 125 CrPC fading ! Has about  time come to phase out S. 125 CrPC !!!


Que. 2: Why redefine boundaries within family using DV Act ? I mean a daughter is being suggested to file DV Act against her own father and or mother and or brother ? I know she can do it using DV Act but just wants to know when other Penal Sections / Provisions of Law available for same purpose why DV Act !

but if my mom invokes provisions of domestic violence act, my father can take it as a proof that mom wants divorce.... then wat because mom doesnt want to give divorce and set him free

he is a government employee is there any clause or something by which mom get 50% or 75% of his salary or can he be thrown out of his job

and one more thing is it necessary for me to arrange money for my mba or he has to pay for my studies......

and yeah i guess there is a confusion regarding my gender i m male i , a son n not a daughter

@  Sh. prabhakar,

ahaa ha ha.......

See how scared folks get when Ld. advocates here straight away advise use the toughest provision available to break a family see the aprehension and knowledge of law a abala nari has .............and we say abala's don't know law common man...........now my academic question deserves a answer by you Sir !


@ Ms Arora,

My remarks are not for you it is for Sh Prabhakar, you will get guidence asap before you lv for UK let two professionals get over with usage of most appropriate law Provision in your case over with.

@d. Arun Kumar

please carry on to write ur valuable comments

MR.ABHINEET ARORA

@ Ms Archana,

Give the boy good run down on what his and his mom's legal options are. Your advise are quite fantastic similar to Suchitra S. the lady student from I think Dharwad. Thank you meanwhile I will await  Sh Prabhakar's reply to my academic questions.

The fact is that S.125 cannot be invoked by the son or daughter after attaining majority, this position is very clear. I would not at all suggest invoking DV Act because, it will break the marriage between the father and mother. So, think 10 times befores filing any such cases. There is no such provision under law by which your mother can obtain 50% or 75% of his salary. Already your father is giving 15k to your mom so even if your mom goes u/s. 125 crpc it'll fail. If you want your father to pay for your MBA course, talk to him amicably yourself or through some elders and try to settle the issue. You can seek partition of the house and sell it for raising money for mba, he may give the money to prevent the house form being sold. If he does not want to give lumpsum, you can ask him to take loan and repay by small installments. If nothing works out you have the option to take educational loan for your studies.

thank u all for replying

see the main problem is that he is giving just 15k per month and in todays time its difficult for 2 person to survive i mean me being a major and my mom, so the major problem is still that is it possible that v can take any step to make sure he increase monthly as it has not happened mutually though tried many times.

wat to do as this is one of the main problems causing mental stress to me n mom

@ Sh Prabhakar

Thank you. Nice explanation as requested you gave. (Some I may not agree but that is beside the point here) The beauty in this thread is that experts quickly gave nice directions to the author. Now it is upto him which path to choose along with his mother, Thank you Ms Archana too.