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Sandeep (sdf)     20 December 2011

Help needed - please urgent and desperately

hello experts,

I need a big favor from u all.

My father aged 51 years, is well educated and a professor in Jr. college

My mother aged 46 yrs is a victim of domestic violence

my father beats and abuses her with bad words all the time.

He had an affair with a nurse 4-5 years back and I dont know

if this affair is going till today or not but some people

from our area say its still going now. That girl is now married

and has a son.



My maternal grandma lives with us as she is widow and has only 1 daughter

i.e. my mother.



The marriage is continuing since last 23 years and my mother

has not lived happily for 1 single day.



3-4 years back my father had brutally beated my mother. He beated her

with an iron rod in the head. She had 4-5 stitches in the head. So she had

given a NC in police station at that time. My father threated her to kill

unless she takes back her complaint. So she taken a back. He told my mother

to give him the property (our current residentail house which is self acquired

by my mother on which Rs.4 lacks loan is outstanding till now)

or else he'll kill my mother and my grandma.



After that he continued to do his duty to give all the trouble in the

world to my mother.



But abt 20 days before, my father 1ce again beated her with a chair and this time

too in the head. This time she has got 6 stitches in the head. And now niether me nor

my mother is any situation to hear any argument from the relatives as she wants divorce

from him and I too agree with her.



To give effect to this we gave an NC in the police station again, police didn't File FIR

against my father as he is well reputed in the town. Now the situation is that police is

not going to do anything in this case as they might have taken money from my father.



After 2-3 days from above incident my father again threatened my father to kill my mother

and my grandma if she did'nt give the property to him.



We did not know anything abt the 498a at that time. Last week I met a lawyer. He told me

to file a private petition in this matter.



My queries are:

1. What is sequence of actions that will happen if we filed a private suit u/s 498a?

2. I am an eye witness of the aforesaid incident will I be useful in this case?

3. We have a photograph of my father and the girl (which was havin affair with him)

   standing next to each other as a couple.

   will mere photo and its negative will be usefull in this case?

4. Can he make any counter-case on my mother or on me? and what will be its consequesnces?

5. My mother is Cental Govt. employee. Will she get into any trouble?

6. What abt my mom's properties?

7. What abt my father's self acuired and ancestral property?

8. Can me and my litle brother (aged 18 years completed) have any share in my fathers propety?

9. What if he has arranged an anticipatery bail?

10.Can he make false FIR against my mother and what are possible charges?

11.What care should I take from here onwards?

 

Pllsss plsss help me asap...

 

Thanxx in advance..

 

do reply soon...



Learning

 6 Replies

Alok Tholiya (self employed)     21 December 2011

I feel sad and diusted with ur story. Why the hell ur father had to spoil so many lives and put everyone in trouble in this comititive era where no one has breathing time and u hv to go thru all this and spend time and money. 

I m glad u r seeking legal advise as u r not the one like me who will take to illegal desparate means to punish the culprit. I m sure many in this forum will help u. All the best. 

insaniyat (Engineer)     21 December 2011

Hi Sandeep, Sorry to hear abt ur situation. My personal advice is that plz don't get involve in court matters as much as possible. They lived together for more than 20 yrs and ur mother accepted his behavior just to make u grow under the name of ur father. She always thought of her children thats why she did not get separated from him, otherwise she could have get divorce and left u on the road. Sometime we have to think that why elders have so much patience in their life? Anyway my advice is that be patience and u should play better role to unite them and if not possible then ask her many times whether she want divorce in this age? Concentrate on ur career and get married. Sometime happiness comes in family after ur marriage. Forget about police , court... People are wasting their valuable time and money in court cases. But no use. Take care Never give up

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     21 December 2011

Dear Sandeep,

 

The facts stated by you are really horrible and one can only blame it as the fate  of each one of you who are victims of the senseless behaviour of your father.  While divoce by your mother is not  the solution to be advised in the instant case,  considering the events naratted by you, it is felt that if your mother  has finally made up her mind to that way, it is better than the worse that is happening to you all.

PARDEEP KUMAR (Practicing Advocate)     21 December 2011

Sandeep,

Sorry to say but forced what are you doing all these years, given the age of your mother, you must be around 20 years of age atleast. 

Instead of all suggestions given above, to sort out the things once for all, it is advised that instead of going for a divorce straightaway, meet the protection officer (Police officers are designated so), of your area, file a complaint under Domestic Violence Act through your mother, if Police is reluctant to register a complaint, your mother can write/file Domestic Violence Act complaint to the SP/DSP of the area directly, if still nothing happens, file the Domestic Violence Act complaint in District Court.   Through this complaint from all ends, you can get protection for your mother, as well as safe place of stay with funds from your father as well, moreover, if required, your father could be removed from the house, while still paying maintenance to your mother.

So, if you can do it on your own, its fine, otherwise, take help of a local lawyer.

Sandeep (sdf)     22 December 2011

Its very good to read all ur replies experts....but i still did not get the answers of the above mentioned questions....plss advise me...in this regard......thanxxx..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     22 December 2011

Sandeep,

 

No case u/s 498a is made out. 

 

She can go for a case under PWDVA, 2005.

 

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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