Please respond - very urgent :(


Dear Experts,

I am new to this forum. I need a desperate help and a legal advise as me and my mother is been torchured by my Father. My father is alcoholic and he used to beat me and my mother. He use abuse language and tochrued me to left my studies. Since my childhood he had torchured us he have a very bad character.  He have a physical relations with many other women and sometime i feel he torchured me so that i compromise as per his requirement but me and my mother decided that we will teach him a lesson.

One day he try to touch me in my mother absence so i told him that i will call police and other family members then he beg me to forgive him and not share the entire incident with anyone even with my Mother. But when my mother came back to home i narrated the complete story. Except my mother all other family members are not awared about this incident. Moreover i had given a writing note in attention to my mom that if i do something wrong (suicide) then my father will be responsibel for it.

My mother is not highly educated and  i am also studyingin 11th Standard. My father not giving us enough amount for our daily needs and my studies. REcently my grandfather transfer his house to my father name.

1.Pls educate me how can i save myself and my mother. Someone told me that my mother have a 50 percentshare in my father property.

2.Pls let me know how can i go further so that he will not torchured me. he have a bad eye on me. Its very unfortunate that i have a father with such a bad character.

Rgds...Radhika

 

 
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zz

Its high time that u take action.

* If he beats u next time, call police, get an MLR immediately

* U & ur mother have right to seek maint.

* Use DV act, u will be awarded residential rights in shared household & he may be removed from that house if he continues with these henious activities

 
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Advocate

you and your mother have several legal remedies.  consult a good women's organisation/advocate sensitive to women issues of your area.

 
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Senior Partner

A very unfortunate brief before us.


1. This is a brief pointing to 'incest'.


2.
Social attitudes that put family 'honour' above the damage caused to children keep incest from being properly addressed.


3.
Some years ago, in a popular late-night legal-awareness television serial Bhramar, one episode explored the true case of a father impregnating his 14-year-old daughter after abusing her s*xually for months together while the mother was forced to remain silent. For fear of a public scandal, the parents decided to poison the girl. The paternal grandfather, the sole witness to the murder, complained to the police. But the perpetrator went scot-free on the argument that he had other children to care for, and if he were to go to prison, they would be orphaned! When the criminal was set free, the older man left the home and was never seen again.


4. The correct Law (which unfortunately is still in the making) is The Protection of Children from Sexual Offences Bill 2011 (introduced in the Rajya Sabha on March 23rd. and referred to the committee) further allows children and anyone from the public to report the offence and its apprehension to the local police or special juvenile police unit. It covers s*xual offences against children at the time of communal violence and provides for special courts to deliver justice in a child-friendly environment.


5. The Delhi High Court is considering framing guidelines for conducting investigation and prosecution in crimes relating to incest, in the wake of several incest cases surfacing at present.


6. There is no central law on child abuse other than what I hinted in para 4 (unfortunately it is hit by controversy on Age row).


7. Laws dealing with s*xual offences do not specifically address child s*xual abuse.


8. The India Penal Code 1860 (IPC the Code in short) does not recognise child abuse. Only 'rape' and 'sodomy' can lead to criminal conviction.


9. Anything less than 'rape', as defined by the law, amounts to 'outraging the modesty.' These laws are already problematic when applied to adult women. They are even more difficult when applied to children.


10. While S. 376 IPC seeks to provide redress against rape to women, it rarely covers the broad range of s*xual abuse (particularly of children), that actually takes place.


11.
Most of these forms of abuse are sought to be covered under S. 354 of the Indian Penal Code as a violation of a woman's modesty. Though offences under S. 354 of the IPC are cognizable, they are also bailable, allowing the perpetrator to abscond before the case comes up in court.


12. The Juvenile Justice Act, amended and rewritten in 2000, makes no attempt to identify s*xual abuse on children. S. 23 of the Act deals with assault, exposes, willful neglect, mental and physical suffering, for which imprisonment prescribed, is only for 6 months.


Having made you aware what is in store for you as per current society's neglect to such rising maladies and our substantial Laws, my guess is that you have to make your mother WAKE-UP forcefully and or take assistance of any adult relative from your side and file DV Act Complaint directly before Magistrate Court by passing all Service Provider(s) and seek first 'restraining order" against your father and rest follow up on other Protection Orders against your father.


As far as your rights on property share question is concerned the proposed Amendment which you heard via various media channels probably is under Hindu Marriage Act and is yet not a Law so bypass thinking about property share currently under this about to become Amendment in said Act (HMA). Your first priority is for seeking self protection and seeking help from any adult relative from your side and or even a reasonable intelligent adult friend of yours you can press Complaint under DV Act which can get you immediate protection from your father as narrated before us.


Do inform us also your certificate age and place of current residence and there are reasonable Advocate brothers here who may help you on compassionate grounds if presented facts are taken prime facie to be true during chamber consultation(s).


All the best and don’t feel yourself to be alone, prudent professional members of LCI are with you and may guide you correctly.

 
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Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com

Mr.Lodha guide you well.

Dont fear.

First of all Call police and police will make medical examination of you or your mother, who so ever will be beaten by your father.

Then register FIR and then get maintenance and under DV act you will get your school fee etc.
 and selter in same house with protection.

Your mom and you both can demand your shares in property, if it is ancestral.

Good luck

You may write me if need any help at

adv.kamal.grover@gmail.com

9814110005

 
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Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com

you may complaint for s*xual harassment also.

 
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Is this your mother 2nd marriage and your father is a step father?

As you are in 11th standard why don't you teach some students till 10 th class by this you will get good amount of money.

Question : Why your grandfather transfer the house to the son who is drinker(alcholic)?

Question: Why are you asking for property etc from this type of stupid/cruel father?

My view:Best way is kick that father and stay away from him?

 
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Teacher

Dear Radhika

Dont You at all worry baccha .. we are all there for u..dont worry just keep ur courage and be confident ..

You already did a great thing by bringing this issue to the surface amongst us..

About the legal advice and help, you have been aptly advised by the legal experts above and will be guided justly..

Dont feel any less as Age or education is not a constraint to fight for ur rights and u deserve to live in peace and harmony .

And if u need more help suggestions or someone to talk to about all this..feel free to contact me ..u can send me a pm from ur lci inbox and i shall be in touch with u asap , through fone or mail , as u desire ..

Tk care of yourself and ur mother.

 

 

 
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LEGAL CONSULTANT

Radhika,

We have more demons and devils in this world ,who should be taught a fitting lesson,and your father is one of them.Its a pity a 11th class student facing such problems from her own father.All the above experts have given an excellent briefing,as to what you should do.So don't loose courage and assist your mother to come out of this turbulence.Don't bother about your ancestral property now.My sincere advice is to lodge a formal police complaint agaainst your father so that it will not be repeated again.

 
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Dear All,

 

Thanks for your valuable advise!!

 
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