DVC 2005

I am an exserviceman. My mother housewife with no salary or income. My father is a retired ZP High School headmaster. Due to reasons known only to my father he had neglected myself and my mother wilfully under the evil influence of my paternal uncle and his family. They are jobless and incomeless except for agricultural income. Even the ancestral property was not distributed properly less share to my father and more share to my paternal uncle.

Now the actual case here is that My mother (65 years) had filed DVC (only for mental, economical and social harassment but not physical) against my father (70 years), myself (40 years), my paternal uncle & aunt and their two sons (30 & 42 years) through local protection officer (Women and Child care ministry) She had not got vakalat filed and nt hired lawyer since she is not in a state to hire lawyer. Court had issued notices to all seven of us including my mother. My mother, myself and one son of my paternal uncle's family had attended first hearing which is in notice stage. My father was shown that he had not received notices. They had filed vakalat excluding my father. In second hearing also my father was shown not received notices and my paternal uncles family and my mother not attended hearing. I had got filed vakalat filed individually. Then honorable court had set my paternal uncle's family exparte and adjourned as notice stage as my father was shown not received notices for second time. Now the actual situation here is

1. I had got vakalat filed but I do not want to file counter against my mother's petition. Will there be any harm for me in doing so and what will be the repercussions ? Can the court force me to file a counter ? I believe that once my father attends court and discloses his intention then only I will be able to take decision of filing counter. and I am in favor of my mother. and I do not have any grudge over my father for not looking after us (my mother and myself). and gave away all benefits to third parties by ignoring us.

2. Since my father was shown not received notices for second time also what will the next step supposedly to be taken by the court ? It is also strong held fact that my father is under evil influence of my paternal uncle and his family but neither of them are accepting the fact and are trying to harass my mother mentally, socially and economically

3. Since my mother did not hire a lawyer because of whatsoever reason will the court provide any support for her ? Do my mother need to do any procedures or applications to get court's support for hiring advocate ?
Do my mother should attend the court for second time since my father was shown not received notices ?

4. Now coming to the case of my paternal uncle's family being set exparte - what may be the steps supposedly will be taken by my uncle's family and how will my mother, myself will get affected by their actions ?

I request all respected wise men of the forum to kindly guide me in this regard so that my mother and myself will be relived of this hassle

One more thing my father was instructed by the honorable family court to pay a certain amount of interim maintenance in another case to my mother but till now he had not paid a single paisa. my mother and myself are unable to take any action on this owing to our financial and social conditions and my mother's health conditions and old age problems

Please guide us and enlighten us and as per the local advocate are concerned I think I need not explain the situation in this context more  

Find out the real source of trouble & act accordingly. please understand that court cases can be excruciating for people who have little means of income. It will neither help your mother or father. Courts are places where you need to pay the lawyer. Free legal aid is given to women through the Commission for women. Take their help to genuinely sort out the matter through counseling. However these can sometimes be like the mediclaim scams. Explain to both of your parents that you as a son require the presence of BOTH in your life. At no age are children too old. As a child of both of your parents you could at least request for both to come on amicable solution. Request for counseling through professional counselors in the court. Get an order in that effect. No lawyers are required to be present in such family matters in the family courts. There are directions to this effect. Not receiving notices could get ex-parte order which your father may need to comply with. Ask him to appear for the court hearings after understanding the various stages. more  
1. Why do you want your parents to fight? And who is giving such advices? If your uncles or your father's uncles are bad then why not go against them? 2. It's not always necessary to file domestic violence which has not happened. Just because some un professional lawyer advices. Please be honest and file the matter truthfully. Every parents try their best to bring up children. Your father may have been under some pressure. Identify the real issues and act accordingly. You are simply playing in the hands of the trouble makers. At 40 years of age why do you need money? more  
Become a co party with the mother more  
With the written consent from your mother you can file affidavit to judge. more  
Can I say it directly to the judge or shall I put up some petition for that more  
There is legal lapse in concluding the Issues in filing the cases . 1. Your mother's case under DVA is legally valid in terms of S.C. Judgment A ] Section 13 [1] { i a } - It is not required that physical violence along with mental torture are essential to constitute cruelty . Even the conduct of inflicting mental agony and torture in given circumstances , may constitute cruelty . To ascertain cruelty meted out by one spouse to the other , the conduct , background and evidence of parties have to be taken into consideration . 2012 [4] ALT 491 . B ] Sec. 13 [1] { i a } – “Cruelty “ What is cruel treatment is , to a large extent , a question of fact or a mixed question of law and fact . Cruelty may be inferred from facts and matrimonial relations of parties and interaction in their daily life disclosed by evidence . Where there is proof of deliberate course of conduct on the on the part of one , intended to hurt and humiliate the other spouse and such conduct is persisted ., Held , Cruelty can easily be inferred . Neither actual nor presumed intention to hurt the other spouse is a necessary element in cruelty . – 2007 [3] SCJ 454 . 2. In the issue of your Father's Joint property , Your Father must be a party to claim . Your Mother also can move the case if your Father is an innocent or, fallen in the intrigue of your Paternal Uncle and , the case is to be established with the proof of unjustified division of that Property . 3. You being an ex-serviceman, ignoring the issue and claim of your mother, is not justified . Your Father being a Head master, retired and at the Age of 70, need help of his Wife , or , You, the Son and in the other case , the nearest relatives , and , it may even by your Paternal Uncle. 4. All these are to be well thought and well heard through an Advocate only . more  
Any further actions will lead to never ending unhappy status in the whole Family. Maintain your mother Safe . more  
Also my father, who is under evil influence of my paternal uncle and his family, is having a history of contempt of court in other maintenance matters filed by my mother even when the court had passed an interim order for maintenance to be paid by my father to my mother which he had not paid even a single paisa till now since more than one year more  
Sir my answer to point no 3 of yours is that I m not ignoring my mother. She had filed a DVC against me also and actually want to help her by not filing counter in this regard. But the question is that if I file counter then my father and paternal uncle will just wash off their hands and just put the whole thing on me without accepting my mother's responsibility. On the other hand my mother and myself are always ready to take full responsibility and care of my father and it is my father under the evil influence of my paternal uncle who is not ready to stay with me and my mother.

so please tell me whether not filing counter against my mother is justified and also in this regard please note that my father is just ignoring the suit by pretending that he had not received the court notices more  
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