Need advice: Father filing retaliatory maintenance cases and harassment complaints against me and my sister

Community Forums Legal Advice India Need advice: Father filing retaliatory maintenance cases and harassment complaints against me and my sister

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      User_08f27504
      Participant
        U
        User_08f27504
        PARTICIPANT
        May 9, 2026 at 6:32 am
        I am looking for urgent legal guidance on how to handle a highly toxic and litigious situation involving my father.

        Background:
        In 2024, I obtained clear photo and video evidence of my father’s infidelity. Following this, my mother moved out to live with my sister. In 2025, we filed for maintenance (Khoraki) and another case against him.

        Current Situation:
        We recently went through mediation. My mother was willing to agree to a divorce without alimony just to end the nightmare. However, my father has refused. He stated during mediation that he will neither grant a divorce nor pay maintenance, even if it means going to jail.

        He is now escalating his harassment through “legal” means:

        Retaliatory Maintenance Cases: He has filed Kharcha Khoraki (maintenance) cases against both me and my sister.

        Even the mediators and his own lawyer have admitted he is acting like a “goon” who has no respect for the law or the police.

        My Questions for the Community:

        Quashing Maintenance Cases: Can a father who is able-bodied and has a history of adultery successfully claim maintenance from his children under Section 125 CrPC (or the new BNSS equivalent)? How do we get these retaliatory cases dismissed/quashed quickly?

        Counter-Pressure: What specific sections of the BNS/IPC should we look at for his blackmail and filing of false/frivolous cases? We want to put maximum legal pressure on him to stop this harassment and make him suffer as he did to my mom.

        We remained calm for a year hoping for a peaceful mediation, but he is now using the legal system as a weapon of harassment. Any advice on how to legally corner a person who “isn’t scared of the law” would be greatly appreciated. I want to make his life hell as he did to our – my mom 53, me 26 and my sis 28.

      • #79139 Reply
        User_2ed78ebb
        Participant
          U
          User_2ed78ebb
          PARTICIPANT
          May 9, 2026 at 6:58 am
          Advocate here:- You can and should attack his retaliatory maintenance cases on maintainability and abuse of process; an able‑bodied father who can maintain himself cannot usually force his adult, earning children to pay him maintenance under Section 144 BNSS, and you have clear criminal‑law options like intimidation, false information/false charge if he starts using blatantly false complaints or threats as blackmail. I know you want him to “suffer” like your mother did. The most effective way to do that within the law is to (1) secure strong, enforceable orders for your mother, (2) neutralise his retaliatory cases on maintainability and abuse of process, and (3) reserve criminal‑law counter‑blows for instances where the statutory ingredients are clearly met and provable. That combination tends to crush the “I’m not scared of the law” bravado faster than any emotional escalation.
          Note:- Go For Quashing once reply are on record this is a very strong case of quashing.

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