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Separated from father for 3 years , how to claim maintenance
26-Jul-2023 (In Family Law)
My father is kind of psychotic who tortures by words, he is two-faced. He speaks something non-sense and the next day he denies that he spoke that. My father had been doubting the morality of my Mother and asked her to get out of his house. My mom and me left the house and we are living on our own with my earnings. We left our house in 2013 and it is now 2017. Immediately in the mid of Oct/Nov 2013 he gave my mom a cheque for 3L and he got married in Nov 2014. If we asked him about his marriage, he says that she is only servant of house We are living on our own since 2013 without his intervention. He never tried talking with us. We need to have all the documents like aadhaar, ration card to be updated with our new addresses for which I need legal documents for my mother to be submitted. PS: He said to my Mother that If we apply for divorce he would tell in court that he wants to live with us, but if we go home he would torture us by any means. Can someone let me know the solution
Sir/Madam,
As per your words my understanding is that, you got confused whether you and your mother is having right from obtaining any monetary relief and other relief etc. Once your father is having legally weeded wife i.e your mother he cannot marry another and it is not valid also, if you received 3L from him does not amounts to compensation/maintenance at any cost. You and your mother chart out the remedies needed from your father, since your father and mother matrimonial life is continuing.
As per your words my understanding is that, you got confused whether you and your mother is having right from obtaining any monetary relief and other relief etc. Once your father is having legally weeded wife i.e your mother he cannot marry another and it is not valid also, if you received 3L from him does not amounts to compensation/maintenance at any cost. You and your mother chart out the remedies needed from your father, since your father and mother matrimonial life is continuing.
Helpful?
Adv. B. Thirunavukkarasu
Chennai | 100+ Answers
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Ask your mother to apply for the Divorce.If you and your mother says not to live with him the court will consider your and your mother's plea.and also you and your mother can claim some permanent alimony or maintenance from him.
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Adv. K Prema
Chennai | 200+ Answers
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Your mother can file divorce petition on the ground of desertion and cruelty. Your mother can fiked maintenance petition against your father and can claim 1/3 of his earning. In that petitions ur father may refuse the act of cruelty and he may file seperate petition to restitution of conjugal rights i.e to live with your mother. Assuming, if that is a stand that Court cannot direct your mother to join with your father. Assuming your mother's divorce petition is dismissed, he cannot interfere with your life citing the case. Apart from this , reg his second marriage your mother can file a criminal complaint for Bigamy. If u need further clarification feel free to contact me.
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Adv. Selvaperumal
Chennai | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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