About my family problem

506 votes

First your mother should move into a family friend or relatives place. Then you should approach the domestic violence court and get a protection order. This will prevent your father from harassing her further. File a complaint with the CWC at the same time and have an FIR lodged against him. There after you should file for maintenance. Only after taking the above steps should you proceed to file for a divorce. Do get in touch if you need any help.

LawRato LawRato

590 votes

Assuming that your parents are Hindu, your mother can file petition for judicial separation at first step and, if consider appropriate, you may file for divorce under the provisions of Hindu Marriage Act.

LawRato LawRato

581 votes

No law allows any person to beat anyone. Yours is a case of domestic violence as your father commits cruelty upon your mother. You can obtain a stay order from the court which will prohibit your father from beating your mother. If he breaches the order and beats again then it is a non-bailable offence and the offender is sent to jail. A wife can also get residential orders from the court to live in her matrimonial house along with monthly maintenance and custody of children if they are minor. Besides this to get separated a wife can also initiate divorce proceedings against her husband simultaneously. Beating wife is also a cruelty. If your mother get any injury then do get her check up immediately and obtain MLC from the hospital and also file a complaint in Women cell of your area so that FIR can be lodged.

Advocate Anuj Arora LawRato