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Author Topic: LEGAL SEPARATION  (Read 578 times)

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Offline RSM

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« on: February 05, 2016, 03:42:04 AM »
My father has been an abusive cruel alchoholic for past 15 years. My mother took it as long as she could and left home with her kids at last. She took interstate transfer and moved . one year hence he begged for second chance and she took him in. Shortly thereafter he returned to his old self and this time it was too much more aggressive. Again we had to run away. He followed wherever we took refuge and abused us. Ultimately the cops were involved and she filed for legal separation and we also got a restraining order.
In between he fell sick and we used to be with him in the hospital. but there too he would bring alchohol and get voilent. Finally seeing our plight, his boss transferred him back to our native place.
We had just started again with our lives resumed studies.We live in lies , it makes life easier. My dad continues to be his old self. He falls sick. He acquired brain infection, his right side is weak. The doctor says he will fully recover in six weeks. His elder brother looks after him. But as he gets better he resumes to his old attitude. And finally the elder brother cannot take it anymore. He calls my mother everyday , abuses her for not looking after her husband and threatens to drop him at our doorstep if we dont move back and look after him. My dad has no repentence. He is still an alchoholic. The trauma we faced in our childhood and wellinto our youth is still afresh. I cant forget the way he bit the flesh out of my relatives arm while being drunk. We are scared of him. We cannot live with him under the same roof. Yet we offered our uncle to hire a caretaker who shall be paid by us. Yet he refuses. He wants us to go there or else he will bring my dad here.
We dont know what to do. Me and my younger sibling are at very crucial stage in our careers. Both of us have exams in the coming month. We have lost a lot because of our dad. Our only shot at life is succeeding in our chose fields of studies . Yet at this important juncture, we are forced to quit and move back with a man whose sole motive in life is alchohol.
Kindly guide us. We have tried numerous rehabs in the past. My dad always escapes from there and comes after us to take revenge. Is there any law that can help us. My dad is a independent person. He is a central government employee and earns well. We stay at a house which is in joint name of my mother and father. my dad is posted in a different state.
Kindly guide us through at the earlies.

Offline advcaroltripathi

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« Reply #1 on: April 20, 2016, 02:44:21 AM »
Your mother can file a domestic violence complaint
Adv Carol Tripathi
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Offline advjaibansal

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« Reply #2 on: May 02, 2016, 02:39:20 AM »
Dear Ma'am,

You mother has to take some stand. Please advise her to file a domestic violence petition giving all these details, especially all the past re-hab details about your father in the said Petition. Please seek restraining order from the court from entering your father inside the house. This will help the entire family to stay separate from him and his abuses.

If your mother is looking for divorce, then she can also file for divorce along with DV petition. DV petition will be filed before the magistrate court and divorce petition before the concerned family court. Please approach some lawyer to file these cases.

jai bansal, advocate
new delhi
supreme court of india
jai bansal
Advocate, New Delhi
Supreme Court of India
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