Legal Question in Criminal Law in India

I am 32 years of age. My dad has been indifferent towards my mom & was a wife beater. He eventually abandoned our family in the year 1989 & failed to provide any Address or whereabouts. My mother had been physically handicapped to the extent of being incapacitated due to his adamancy in opting against the Medical Advise/Prescription under the circumstances. This left my mother not only requiring monetary aid but also physical & emotional dependency for her own sustenance. On account of such abandonment, I, who was extra- ordinarily a very bright student in one of then leading Public Schools� in Trans Yamuna was made to shift to a Government Aided School thereby affecting my Future Prospects. My mother after keeping terminally sick for years, eventually passed away in 1995. I could not pursue higher studies in the field of Medical Sciences & also had to shorten her period of study that she had enrolled for subsequently- for want of Financial support & in the absence of the mother also. I had to attend to menial jobs in order to arrange money for her College Fees & to fend for myself. The time that any child devotes to regular & higher studies, & framing of career, I Client was brutally forced to completely direct towards earning for bread- butter & shelter with lack of any parental & elderly support.

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I have not been able to settle down yet. I only expected a Lagal & Justice Suggesting Reply. It is against the Principle of Natural Justice to surrender & not voice against brutality that is caused to one in name of DESTINY..

1) Once again, not voicing it out means that even being a Legal child, I enjoy no Legal Rights & slumber till death like an Illegal Love- Child??

2) Also, why does not Law permit to take to task when somebody has faultered from his Duties?

3) Any Layman/Lawyer would understand that I could not have pursued any case whatsoever back when he took a walk moreso when our Law doesnt allow anyone else to press charges against Bigamy or Support/Maintenance..

4) Is Love & Emotional Support all our Law prescribes for a Legal child born out of Wedlock by her/his parents? How is she/he suppose to be managing finances on her/his own?

5) Its Lawyers & Believers like one mentioned under who have created Legal Support to the likes of my Dad..

6) I wanted a Legal Solution/Advise & not any Preaching.. My Suggestion for the Gentlemen with a very dead conscience would be to join some Devotional Channel & Preach World Peace to the people who want to bring about Justice to the Criminals; not to forget Im the affected Party & not asking for Social Work. I am not a Supernatural Being to be all forgiving for all the criminality done to me. Kindly note: I was forced to lead a life of an Illegal & Orphan Child.

I wish the Website takes note of such replies where there is no Legal Advice, & is only suggestive of their PERSONAL VIEWPOINT that they may have developed out of their own practising similar behaviour.

I am sure anyone with even little common sense would also understand how tough it is for ANY SINGLE GIRL to sustain herself in our Society, in a DIGNIFIED MANNER; leave alone "GETTING SETTLED" .

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The reply I received were:

The only compensation she has is depriving her father of her love and emtional support. The may has to suffer a tremendous emotional loss. But for that, no suit for any monetary compensation may be maintainable once she has already attained majority. In any case, now since is already 32, the claim, if any, hoplessly barred by law of limitation.

Advice : Avoid litigation and also contact with the gentleman.

Sudershan Goel

Attorney-at-Law (India)

Sureme Court of India

New Delhi, NEW DELHI 110001

You are already 32; your dad abandoned in 1989; mother passed away in 1995. You gained adulthood 11 years before and might have "settled" in life. We have to live life as per our destiny which also has some role to play. There does not appear to be any legal provision which may help you in any manner. The days gone cannot be restored; you were unfortunately robbed of happiness you deserved. Now is not the time to buy more unhappiness by considering litigation. Peace.

Sudershan Goel

Attorney-at-Law (India)

Sureme Court of India

New Delhi, NEW DELHI 110001


Asked on 3/07/10, 11:52 pm

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you are not an illegal child rather you have an equal right in the self acquired property of your father along with his other children born out of second marriage. the law is pretty clear on that. i completely disagree with the point of view expressed above that now nothing can be done. all your years that have been wasted due to irresponsible behaviour of your father point towards his criminal negligence and that too towards a girl child. though i cannot assure you of success in the bigamy or compensation case, but it does not mean that you accept it as your luck and repent for life. you may atleast fight it out so that you have no regrets later.

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Answered on 3/08/10, 12:14 am


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