• Father torturing my mother

Dear Sir/Madam,
I am staying in navi mumbai area along with my mother, From past 10 years my mother is under continuous tortured and harrassed by my father, my father is having an extra marital affair from more than 7 years now and he is staying with that women away from us from last 5-6 years, and he is continuously torturing us to vacate the room where we are staying now as he wants to the sell or rent that room because he want to use this room to pay lf his home loan in vadodara gujarat for this he is continuously forcing my mother to vacate this room and look for some other options. My father and that women are into adultery relationship which was seen by me and my younger brother as well, he want us to accept that women and allow her to stay with my mom and he had forced us to stay with her as well because of which we all had been through hell and life has become miserable and when i and my brother decided to take stand and ask them that this is no more acceptable for us because my mother is getting effected and loosing her health as well, so he decided to get out of this house and stayed with that women somewhere else, for few days the situation was ok but again he started to make things more worse and kept on harrasing us via phone and emails we had launched 2 nc against him at local police station as well all he want my mother and us to vacate his house and give the keys to him as it is his property otherwise he will sell it off.
Recently he sent a notice to my mother mentioning all false things i can send you the copy if i get any email id , he had declared in that i and my brother has no rights on his property and se both are expelled and has no claims on any of his properties and want my mother to go back to him in month or else he will file a case, my only concern is can by just mentioning in a plain papers we lose all rights on his properties.
My mother was bed ridden for alomst a 6 months she is suffering various ailments like skin disorder rheumatoid arthritis and age is only taking toll on her, when she was suffering with all these problems my father never gave any attention nor he even asked or took care of her when she needed him the most he was not available now he is asking her to come back to him and stay with him because of that women my mother had faced numerous tortures she was even beaten by my father as well and she had sufferrc domestic violence because of that women my life is at stake if she stays with him and i can't take a risk and she neither is interested in staying with her because she had gone through various tough situations.
Please guide me what to do in this situation we can't leave her as she is the only care taker of us and me and my brother got no one to take care except her.
Waiting for positive reply.
Asked 8 years ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

4 Answers

1) yiur mother can file domestic violence case against husband and seek protection order against her husband

2) seek an injunction restraining husband from selling the flat

3) seek maintenance from husband

4) contact a local lawyer and reply to legal notice . Deny all allegations made in legal notice

5) mother can also file 498A case against her husband for continuous acts of cruelty

Ajay Sethi
Advocate, Mumbai
97464 Answers
7880 Consultations

1) your father can file petition under section 9 of Hindu marriage act for restitution of conjugal rights

2) before your father files any such case yourmother should file DV case against husband before magistrate court

3) she should also file FIR under section 498A before local police station for continuous acts of cruelty

4) it would be good defence in RCR case filed by husband

Ajay Sethi
Advocate, Mumbai
97464 Answers
7880 Consultations

Your mother being his legally wedded wife has full rights to stay back in her matrimonial home.

He cannot drive her away from the house.

He canot even send away his unmarried daughter from his home.

He is bound to maintain both of them as a husband and father.

His notice can in no way make your mother vacate the house where she had been residing so far and it being her matrimonial home.

She should lodge criminal complaint agaisnt him under mental cruelty, physical abuses, criminal intimidation etc.

A DV case also can be filed against him for the violence he has committed to your mother.

T Kalaiselvan
Advocate, Vellore
87666 Answers
2353 Consultations

What are the possibilities of that declaration which he had given in written regarding expelling me and my brother from his property, and after one month what case he can file in court against my mother

Let him initite any action against you and your mother.

Wait and watch the development.

He may not initiate any legal action even after six months from this date bcause he has just sent a threatening notice, whereas legally he cannot evict your mother from her matrimonial home.

Even police cannot interfere in the matrimonial disputes.

T Kalaiselvan
Advocate, Vellore
87666 Answers
2353 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer