Mental abuse/threatening for divorce

635 votes

Your mother can file a complaint under the Protection of Women from Domestic Violence Act, 2005 This law covers: Mental harassment Threats to evict her from matrimonial home Verbal abuse / false accusations of cheating Economic abuse (stopping financial support) What she can get from court: Protection order (father cannot threaten or harass) Residence order (he cannot throw her out) Maintenance (monthly expenses) Restraining order from contacting other women in a harmful way (if it affects her safety) Compensation for mental cruelty Even if your father retires, he must maintain his wife. She can claim maintenance under: Section 125 of Code of Criminal Procedure OR under the Domestic Violence Act itself This ensures: Monthly money for living Medical expenses (important since he had stroke and situation is unstable)

Advocate Shubham Agarwal LawRato

635 votes

Your mother is not without legal protection. From the facts stated, your father’s conduct—threatening to throw her out, making false allegations of infidelity, and mental harassment—amounts to cruelty under Indian law. Firstly, your mother has a right to reside in the shared household under the Protection of Women from Domestic Violence Act, 2005. Your father cannot legally evict her from the matrimonial home, even if the property is in his name. She can approach the Magistrate and seek a Residence Order and Protection Order to restrain him from dispossessing or harassing her. Secondly, she can file a complaint for domestic violence (mental cruelty and intimidation) and seek maintenance (financial support) if required under Section 125 CrPC or other applicable provisions. If your father’s behaviour changed after his stroke, it may also be advisable to get him medically evaluated, as neurological conditions can sometimes affect behaviour and judgment. However, this does not take away your mother’s legal rights. If the situation escalates, she may also consider initiating divorce proceedings on the ground of cruelty, but that is a personal decision depending on her circumstances. I strongly advise consulting a local advocate and, if necessary, approaching the nearest Women’s Cell or Protection Officer for immediate assistance and safety.

Advocate Atanu Patra LawRato

948 votes

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Advocate Dipayan Dutta LawRato