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Father continuously torture and harassed us
Question
My Mother and Father got married in 1989 and after with this wedlock I and my elder brother born,through out life my father continuously harassed and give torture to my mother and they continuously bear all this due to us.but my father is recently retired from government service and after retirement he even given more torture to us and also give threat they will throw out all of us from house and sell all property and not given any Monthly maintenance to my mother,Due to this my mother file application in CJM court in protection against domestic violence act for there right and also file police complaint against them,on this complaint police also frame 107/151 against my father but they got Bail with surety from district SDM,after this my father leave our house and go on rent near by our house, and continuously go on my and my brother workplace and call all my officer,colleague and subordinate and told all wrong thing about us that my children will kill me and they try to grab my property etc.also they are going to my mother close relative and creating scene over there and mother relative also file complaints against my father.all this things also cause mental torture to us,my father also told that i am retired now and now i am totally free and i got pension and i continuously torture all of you like this throughout life.Please guide us what legal action right my mother,brother and i have.if my mother file divorce application what she can get as i know from someone that children has no right on father purchased property and i cannot leave my mother alone to my father please guide us
Answer ( 1 )
As per your narration, the domestic violence case is pending. Along with that it is advisable to file a criminal case seeking maintenance under Section 125 Cr.P.C. In such case, whatever amount is fixed as maintenance for your mother, the same can be recovered from his pension. In an appropriate proceedings, charge could also be created on the pension received by your father.
Simultaneously for the mental torture and name shaming tactics used by your father, it is advisable to file a criminal defamation case against your father. Along with above, it is advisable to file a divorce petition and seek alimony from the husband. that shall protect your mother future.