- This topic has 1 reply, 2 voices, and was last updated 1 year, 4 months ago by
.
-
Posts
-
-
UGreetings to everyone.
I’m M20 residing in new delhi with my elder brother M23, my mother F42. I am writing post for some legal guidance and proceedings.
My parents have been married for 25+ years and there is tensions between them for almost 7-8 years now, as far as I know, maybe more than 10-15 years.
It was a arranged marriage he was 32 and she was 18 at the time of marriage.
Fast forward to 2023-2025
He came back from abroad where he used to work as a assistant engineer but in reality he was just a petty worker, now he is back and everything is going downhill.
Regular abuses and tensions. He came to India with approx 1,85,000 as his lifelong savings. My mother told him to start working he denied, said he needed rest for 1-2 months. There were several issues during 2023-mid 2024. Not paying for house expenses my mother side relatives were helping with household expenditures and everything else. Due to constant verbal abuses and harassment my mother denied serving and cooking for him. He replied with not paying anything in the house except giving me 500/- in every 10-15 days for travel expenses(mind that my per day expense is 128/-)
Only I know how did I managed with this amount.Fast forward to Sept’24 my second year fees was due and he injured his shoulder( in the mean time he started working as a food delivery partner from feb-march’24)
I asked him to pay my fees as he himself claimed in front of relatives that he’ll pay for my education and not my elder brother because he had a physical fight with him in June’23.He denied claiming that he doesn’t have funds for my education and I should I ask my relatives and mother as they are incurring household expenditures. Fees was due on 19th Sept,2024. On 20th he packed his bags with injured shoulder and said to me I’m going on a trip for 2-3 days when I asked where he said “yeh sab battein nhi batayi jaati” I said okay.
My mama paid for my college fees, 4 months went with zero stress and pressure with hygiene in the house and my mother was also happy and smiling.
Now yesterday he called me around 10:15pm, after 4 months I didn’t picked up. He shows up on the gate at 11:00 pm. My mother didn’t opened the gate nor did I
We locked and slept
In the morning he called the cops and said they are not letting me in, we stated our response and reasons
“Policeman said I don’t know what to right, I will declare him as insane what else can I do”. They went away
In the afternoon he again brought cops with him they said to open, but we stood and said I will open the gate but he is not allowed inside. Society’s head told us not to worry about he won’t enter.
Policeman talked to us the whole time he said that my father is wrong and should know his duties rather than running away from responsibilities.Now me, my mother and brother wants a permanent solution and not any temporary comprises. We need a divorce. Policeman said to my father that go to civil court and file a case. What should we do, and what things should we take care of
We have locked the gate from inside his bag is still in the stairwell. He won’t call his relatives because everyone knows about his deeds and things he have done. Verbally abuses my mother, mentally torturing her from the past 25 years, sold her gold ornaments to pay our school fees. We don’t want him he doesn’t care about his family all he wants is remaining of the gold and alcohol and ciggerates.Please if anyone can guide us, I’ll be grateful
Sorry for such a long post and my pathetic writing skills. -
HYour mother can file for divorce under mental cruelty (Hindu Marriage Act, 1955, Sec 13(1)(ia)) and seek maintenance under CrPC 125.
Document all incidents. If harassment continues, file an FIR under IPC 506/509 also file a domestic violence complaint (DV Act, 2005) for restraining orders and residence rights. If threats escalate, consider filing an FIR under IPC Sections 506 (criminal intimidation) and 509 (insulting modesty of a woman).
If the house is in your mother’s name, she can deny entry legally. If it’s jointly owned or in his name, she can seek residence rights under the Domestic Violence Act and may get exclusive possession through a court order.
-
