Legal Question in Family Law in India
my mother has been a victim of domestic violence since past 20 yrs. my father is a drunkard and seems to be suffering from a neurological disorder(learning disability, lack of understanding) due to disease LESCH NYHAN SYNDROME. we are three kids - 2 girls of age 18 nd 13 and a brother aged 8 yrs. all three of us love our mom and can;t live without her. even she's suffering al harrassments for us as she is not much educated to raise us 3. can she get custody of al 3 of us and still our father has to pay for our education and other expenses? he has much property and no real brother. can we get a share of his property too?????
3 Answers from Attorneys
your mother can file a petition u/s 125 of crpc on her behalf and on behalf of her minor children seeking maintenance. she can also file a complaint under domestic violence act where in she can seek restraint orders against her husband from committing act of violence against her and she can also seek residence and orders and compensation for going through physical abuse since 20 years. in case your father is suffering from a disease, you may pursue him to get it treated.
Your mother has quicker remedy under the Domestic Violence act for maintenance and residence then any other act. The answer to queries are a big YES.
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