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SI need legal advice which can be used against my father who is in Delhi police
Let me give you a very small background about the stuff
My father has been physically and mentally abusive since very beginning. My mother got through a lot of physical torture and beating but we could not do anything due to us being helpless
There was an incident last year where my father had taken knife in his hand and threatened to kill my mother and when confronted by me later he said it was just to make her quiet
He does not listen to anybody and made us cut ties with every relative who supported us or came for us whenever such things happened
I being the elder son have some attachment to him after seeing that my father is getting old and he might need support in future so we have continued living with all the physical and mental torture.
He never does anything in front of me because only I can confront him and have the energy to speak as much as him.
Last Sunday a fight broke out between my father and mother and he was about to slap her so I pushed him away and me and my brother pinned him but he continued his abuses and went as ugly as a man can go to say to his son. Further, he himself banged his head in the wall and threatened me to destroy my career by filling an FIR against me for beating him
My younger brother is partially deaf and is subject to all kinds of mental harassment by our father.
Our home is on my mother’s name.
We just want this house nothing else and want him to leave for us to live in peace
My mother and brother are having suicidal thoughts after the recent fight and I am stuck here about what to doIs there any legal way which can force my father to leave the home and live separately.
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HIf your mother is considering filing for divorce due to cruelty or domestic violence, it is advisable that you guys relocate from your father’s house and lodge a written complaint with the local police station detailing the instances of cruelty and domestic violence. It is important to ensure that an FIR is registered in this regard.
In case the local police fail to take appropriate action, the next step would be to escalate the matter to the SP or DCP by submitting the complaint in writing. If there is still no response, a complaint can be filed directly before the Magistrate.
in matrimonial disputes, no party has any direct claim over the property of the other. You / your mother will not be able to remove your father from your house. However, your mother will be entitled to claim reasonable maintenance for her sustenance during and after the divorce proceedings. As an adult male child, you would not be entitled to claim maintenance from your father.
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