- This topic has 10 replies, 4 voices, and was last updated 1 year, 4 months ago by
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UMy mum wants a divorce from my dad, there is an incident of domestic abuse that happened in front of me & my sister where my dad slapped & pushed my mum. We had to come in between to save her. My Mum is 52 & Dad is 53. Then I took her to the police station to report the issue. He’s had this abusive behaviour for a long time but just to keep the family together my mum stayed quite.
For the past few weeks my we have seen a behavioral shift in my dad & my mum suspects him of cheating as he as locked his phone (we all knew the password before it) & my sister has seen him deleting whatsapp text from a lady.
Now my mum thinks of hiring a Private Investigator to get the evidence of him cheating. I need some legal ideas on how I should handle the situation.
Please DM me if you have any suggestions that would be helpful to us. Thanks in advance
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UWhy do you need proofs, if that’s the case, file for divorce along with domestic violence and ask for maintenance and alimony. Move out and you all can live together separate from your dad. Your dad will need to pay.
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UWhy take the headache and spend money. I’d suggest one of you can follow him for a few days and that shall do the trick. Try to be discreet
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UFirst, hire a good lawyer without letting your father know.
Second, hopefully you have an independent source of income, if you don’t then, manage some finances enough to move out of the house and renting a new one for at least 4-5 months. And start looking for a new place immediately.
Third, did you report the issue when you went to the police station last time?
And lastly, ask your mother to not insist on finding proof of cheating, first get out of the house for the safety of your lives. Domestic violence is a crime, cheating is not. In fact gather evidence of any domestic abuse taking place, physical, mental, financial all of it.
I’m a lawyer.
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UMy mum doesn’t want to move out of the house as she takes tuition & that’s her only source of income.
We reported it to the police & they called my father & asked him to apologise to my mother. Thank you so much for the valuable advice. Whats the minimum money required for the divorce until the end?-
UI understand your mum not wanting to move out, it is a very tough decision and not always practical.
Divorce lawyers can charge anywhere from between 20-30k to 2-3lac. Go for a mid range one, with 10+ years of experience.
If there’s another incident of violence, given the blatant ignorance of police, call your lawyer to the police station. They will help register an FIR or at least a register non cognizable complaint so that there is a police record.
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P1. What is the outcome of reporting to the police? Have they advised him or FIR is registered? If no FIR registered, next time if it ever happens ask them to register FIR.
2. Your mom can file a divorce on the grounds of cruelty. If she wants to add adultery also as the ground, the name of the woman and some evidence is needed. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
3. First let her sort out the finances. If she is earning enough to sustain, it is well and good. If she isn’t earning enough to sustain, she has to ask for maintenance as well. She may have to move out of the house or may have to ask for residential orders through the court. [https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)
For further clarifications, contact us [https://g.co/kgs/y1mdG5V](https://g.co/kgs/y1mdG5V)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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UYes they advised him to not repeat it. Okay will try to find some evidence on the women. She takes tuition in the home & that’s her only source of income thus we can’t move out of the house. For cruelty can the judge ask for our testimony as me & my sister both watched it happen? Thank you so much for the valuable advice.
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PFor cruelty – medical report post injury, Medico Legal Case filed through the hospital, photographs will be used as evidence in matrimonial cases. Only in criminal cases, witnesses can be called in to prove.
By any chance your father causes physical harm, go to a hospital and ask them to register it as Medico Legal Case, from there the police will be intimated.
Your mother can also file a case under Domestic Violence Act, where she can ask to continue to stay in the matrimonial house. Read the details here [https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/](https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/)
Alternatively you can contact us [https://g.co/kgs/y1mdG5V](https://g.co/kgs/y1mdG5V)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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