Legal Question in Family Law in India

Hi,

My father enjoys the inherited property from his father and has no income of his own even though he has 3 dependents (2 sons and wife). He is into habits of gambling. In past he was involved in domestic violence and has a complaint registered against him at local police station. Since then he is mentally torturing the rest of the dependents.

1) Is there any law to stop this things?

2) Can my mother get a divorce and can she claim alimony (she is a housewife)?

3) Can the share of any property of my father can be claimed as of dependents (there was a "will" in my fathers name) so that they can stay away from him??

Please suggest any solution or measures that can be taken legally to get rid of the issue.

thanks


Asked on 10/19/13, 12:14 am

2 Answers from Attorneys
Santosh Goswami,Advocate sure shot legal

1.Your mother can lodge an FIR against him. She can also file a complaint under D.V.Act wherein she will get the interim maintenance also.

2. Yes, your mother can file a divorce petition on the ground of cruelty, An habit of gambling certainly amounts to cruelty upon the wife. After divorce, she is also entitled to get alimony.

3. Since there is a Will in favour of your father, all of u can't claim a share. But certainly the wife and minor dependents have a right to reside in that property.

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Answered on 10/19/13, 5:42 am

Your mother can file a complaint under domestic violence act . yes your mother can certainly get divorce on the grounds of cruelty she can file a petition for divorce under sec 13(1)(ia) of HMA for treating her with cruelty and is entitled for alimony also.

wife and minor dependents have right to reside but no claim.

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Answered on 10/19/13, 6:54 pm


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