Want to continue financial support but not invite the person involved in domestic abuse

Question

► So my father is unemployed and my house has run from my grandfather's pension since forever. And the place in Delhi we are living in is also my grandfather's. But my father abuses us mentally, physically and it's not just domestic abuse but controlling in many way. It's emotionally draining and even affects our academics and whenever my mother occasionally run from this abuse to her mother's for whatever amount of time it is now all directed at me as the oldest daughter the work and the treatment along with which I have to do my academics too and be a maid for my family too. And it's not like we are living any lavish life if I don't include my father we are 6 family members which was given 20000/ month only ;the college fees or fees of any kind are seperate ok but not our pocket money. Me my elder brother are 19 & 20 my younger brother is 17 and my other two younger siblings are in their junior high. So one day when it exceeded and my mother retaliated , he fled while calling cops . We files a FIR but the counselling didn't do anything for us the male counsellor was in his favor. Now my grandpa has decided to halt us giving money if we want to continue this and to move from this house. But This just seems wrong Like how do we prevent it we don't want him to live with uss. But after all this time how can we suddenly become financially stable .

Answer 1

Dear Client,

Based on the facts provided, the situation involves domestic violence, financial control and housing insecurity, and the immediate priority should be the safety of your mother, you and your siblings. Under the Protection of Women from Domestic Violence Act, domestic violence can include physical, emotional and economic abuse, and the law provides remedies such as protection orders, residence orders and monetary relief.

Since your mother has already approached the police and an FIR has been filed, you should obtain a copy of the FIR and all counselling/proceeding records. If your mother is facing continuing abuse, she can approach the Magistrate/Protection Officer for appropriate protection and residence orders, and the court can also consider monetary relief and alternate accommodation/rent in appropriate circumstances.

The fact that your grandfather owns the Delhi house may require separate examination of his ownership and your family's right to reside there, so you should not leave the house or sign any undertaking under pressure without legal advice. Since one sibling is still 17, any immediate safety concern involving that child should also be reported to the appropriate authorities.

You may opt for a one-on-one consultation with our office.

Hope this clarifies your position.

OLQ LAW FIRM

Answer 2

Dear Client

Your issue is of two different types; one is the need for protection against domestic abuse and the other one is the need for continuing financial support. You don’t need to choose between protecting yourself from domestic abuse and getting lawful help in your financial matters.

According to the Protection of Women from Domestic Violence Act, in case of a victim of domestic violence, you can seek appropriate reliefs from the court according to your circumstances such as protection, residence-related reliefs, or monetary reliefs. In case your mother is also the victim of domestic violence, she can independently seek her remedies. Just because your grandfather has provided financial help previously or he has the ownership of the property in Delhi, it doesn’t mean that your father has to live with him.

In addition, whether your grandfather has a legal right to deny providing the ₹20,000 monthly help or can ask the family to leave the property depends upon the ownership of the property.

You should obtain copies of the FIR, any counselling records, property documents, and evidence of financial support. If there is continuing violence or a threat to safety, approach the appropriate Protection Officer, police or Magistrate rather than attempting to resolve the situation through confrontation. A local lawyer can also examine whether maintenance, residence or other reliefs are available to your mother or other eligible family members.

I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.

Answer 3

Dear Client,

Your mother can seek urgent protection under the Protection of Women from Domestic Violence Act, 2005 if she has faced physical, verbal, emotional, economic, or other domestic abuse. She can apply through a Protection Officer, police, service provider, or directly to the Magistrate for a protection order, residence order, monetary relief, and interim orders. A shared-household residence claim can arise even where the Delhi home belongs to the father-in-law, but it depends on the facts and the Magistrate’s order.

Secondly, your mother should preserve the FIR copy, medical records, photographs, messages, recordings, expense records, and details of threats or pressure to leave. She can ask the court to restrain the father from contact and to provide alternative accommodation or rent if continued residence is unsafe. For maintenance, your mother and minor siblings can seek maintenance under section 144 BNSS if your father has sufficient means but refuses to. The court may examine his real earning capacity, qualifications, assets, and whether unemployment is voluntary. An unmarried adult daughter who cannot maintain herself may also have a claim under applicable Hindu personal law. However, a 20-year-old son generally cannot claim maintenance merely because he is studying unless he has a disability.

Lastly, contact the Delhi State Legal Services Authority, the local Protection Officer, or Women Helpline 181 for legal aid and immediate support.

I hope this answer helps, if you have any other query kindly do not hesitate to contact us. Thank you.

Want to continue financial support but not invite the person involved in domestic abuse

3 Answers