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Can father be punished for domestic violence by and illegal marriage
24-Jul-2023 (In Family Law)
My father is a habitual drunkard.He used to beat and abuse my mother,insanely shouting around and also push and slap me and my sister sometimes.He also has illegal relation with a women which he hided from us for 8 years and also has a son.Women claims she is married to him but he denies.Currently he had not come home from past 1 year but has contact with my mom from few months.So abuse has stopped.We have to tolerate this due to no source of income except him and also lack of support.Our financial condition is not at all good as he doesn't had regular job.We have to take help from my mother 's parents many times also when he was gone and unemployed.I want to ask can i file complain against his previous occuring and illegal wife and son when i am financially capable enough for case proceedings as i am currently studying in college.Also what would be the case and punishment
Yes, you can file a case of domestic violence against your father. A criminal case for maintenance against your father can be filed by all affected persons of your family who are neglected by your father Under section 125 of Cr PC in the CJM or CMM’s Court.
Section 125 in The Code Of Criminal Procedure, 1973
125. Order for maintenance of wives, children and parents.
(1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct:
Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.
Explanation.- For the purposes of this Chapter,-
(a) " minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875 ); is deemed not to have attained his majority;
(b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month' s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:
Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:
Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such
Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.
Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife' s refusal to live with him.
(4) No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order
Section 125 in The Code Of Criminal Procedure, 1973
125. Order for maintenance of wives, children and parents.
(1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct:
Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.
Explanation.- For the purposes of this Chapter,-
(a) " minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875 ); is deemed not to have attained his majority;
(b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month' s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:
Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:
Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such
Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.
Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife' s refusal to live with him.
(4) No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order
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Adv. Siddhant Sharma
Delhi | 500+ Answers
Chat
How do I deal with conflict between my wife and my parents?
It is important to understand that both parties are involved.
Pre-marriage planning.
Settle the cooking wars.
Dont encourage complaining.
Avoid grabbing at the person in front.
Spend quality time with your mother.
Neutrality can be a beautiful shade.
How do I deal with my wife's parents?
Ask them about their lives and ask them how they are doing. You can take the initiative and befriend her parents. This will be good for the marriage, for your relationship with their parents, and for you. It can be either a positive or negative experience to deal with your in-laws. 08-Jun-2014
What cases husband can file against wife?
Section 506 IPC, 1860
Penalty for criminal intimidation ufffd A husband may file a lawsuit against his wife if he believes that she has threatened to harm him, his family or his property. The only thing that can support his case is evidence.
Does spouse or parents come first?
Most married couples struggle with the question: Who comes first? Your spouse or your parents. Your first responsibility is to your spouse. You leave your parents when you marry. You don't have to stop talking to your parents (unless they are horrible), but it's important to adapt to the new dynamics. 18-Aug-2022
Hello, it's a very critical condition in ur life. But don't be nervous because every problem have a solution. First of all prepare ur father for give up alcohol and if he have property and bank account u meet the bank manager for joint ur name in fathers account. File a suit against that lady who wants marriage with ur father.
Helpful?
27+
27+
Adv. Asif Khalil
Budaun | 100+ Answers
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