Please advice


Hi people.

I have probably come to the right place as I am seeking some legal advice.

I am a single, 25 year old male, staying with my mother. Me and my mother have been staying seperate from my father for the past 4 n half years. In these years, my father has neither given us financial support nor emotional support. The reason for seperation was, mental and physical torture to my mother. Also he used to have verbal fights and used to abuse my mother when she used to ask for money for daily expenses.

My father used to run a retail shop for 25 years, which he eventually had to shut years ago due to huge amounts of loans that he had to re-pay. He also sold off the house we used to stay in, and never told us why he had taken so many loans and where did all the money go. This has been a mystery till date, to which he never replies with an appropirate answer.

He then changed his occupation and started his own estate consultancy. By that time I was 22 and fetched a job at  BPO. He begin torturing me and my mother all the time, asking for money. Whereas, whatever he earned never used to give it for home expenses. When his harrassment kept on increasing, me and my mother finally decided to move out of the house and stay seperate.

Its now been nearly 4 years that we have been staying seperate.  He is no longer in contact with us and neither do we know his whereabouts. 2 days ago, two unknown people came to my house looking for my father. They said that he owes about Rs.90000/- which he has not paid and is missing and they've threatened us that they will come again to our house till they catch hold of him.

Me and my mother are now being unneccessarily harrassed by people whom we do not know and have no clue how they got our residential address.

What are my options here. My and mother do not wish to stay with him, netiher do we want to take his responsibilty as we have had enough harrassment by his behaviour and conduct.

We've planned to call our relatives, keep a meeting with including a few close relatives and seek a mutual consent divorce between my mom and dad. I do not know if he will be ready to give a divorce. 

Can you tell us as to how can we get rid of him from our life completely. Yes, I may sound a lil harsh here, but thats the story. Can't explain much but i genuinely want to lead a peaceful life, which we were untill 2 days ago. 

 
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Advisory/Advocacy

You any ways are not liable for his debts....File a Divorce and end it oficially...

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com


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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

You and your mother are not legally liable for the debts of your father. The loans were taken by him and it is he alone who has to repay those. The creditor may set in motion the process of law against your father but you cannot be called upon to discharge the debts of your father. File a police complaint for criminal intimidation against the musclemen who came to your house and also seek protection for your life. If the police refuses to lodge the FIR file a private case against the accused in the court. This shall suffice.

 


Ashish Davessar
Advocate
Supreme Court of India

Punjab & Haryana High Court

District Courts, Amritsar & Chandigarh


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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

Considering the urgency of the situation I would stick to my opinion given above. It would take ages before the court decides the divorce petition whereas the threat of harassment by the musclemen is knocking at your door.

Make an informed decision!


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The muscleman who came to our house did not leave any names or telephone # or any address. The police is not giving an NC because of this. The man did say he will come back, he hasnt so far.

We have decided to proceed with filing for divorce. Please suggest whether its wise to go to a family court for a speedy divorce or to visit a divorce lawyer?

 
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Just to add - my mom and myself have stayed a total of 11 years seperate from my father.

They were married and stayed together from 1986 - 1997. During this time, my mother was mentally and physically tortured.

And then from 2003 -2008, we stayed together, however the harrassment did not stop and we had no option but to stay seperate yet again. This time we do not wish to unite.

Can you tell us how soon the divorce can be achived. this may become a contested divorce as he doesn't wish to give it to my mom.

 
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