Harresment and Mental Torchure Harresment and Mental Torchure

I m 68 year old and My Daughter who is 32 yr old keeps on Harresing me and my wife mentally.so what should we do

Suneel Moudgil

Responded 2 years ago

A.1. Justice Navin Chawla in Delhi High Court has held that a senior citizen has a right to evict his children from the property even if no ill treatment is done. The case is titled as Sandeep Gulati vs Divisional Commissioner decided on 13.03.2020.
2. in another case, the Bombay high court (HC) has held that senior citizens tribunals, established under provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, can evict abusive children from the resistance of their aged parents even if it is an ancestral property.
3. since she is your daughter, try to convince her with the help of relatives to change her behaviour with warning to evict/disown her from the property,
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Munish Goyal

Responded 2 years ago

View All Answers
A.Complain it with the local police and also with the SDM (Executive Magistrate First) and also send one legal notice through a counsel first. you can contact me also through this webiste administrator and can get my details. i am sure sending one legal notice will surely work for you.

regards

Munish Goyal Advocate
Senior Counsel.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

J N Dwivedi & Associates LLM,MBA,Advocate

Responded 2 years ago

View All Answers
A.In this condition you complain before court and you have also remedies for medition/canciliation in which both may be counseling by some mediators.
Thanks.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar Retired Judge

Responded 2 years ago

View All Answers
A.If you are financially independent then you can get stay order and if you have not income then apply for maintenance. Please see the following.
==============================================
http://socialjustice.nic.in/UserView/PrintUserView?mid=52569

The Maintenance and Welfare of Parents and Senior Citizens Act 2007

What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007?
Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage.
The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.

What is the applicability of the Act?
Ans. The Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India (Section 1(2)).

When will the Act come into force in the States?
Ans. The Act come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint (Section 1(3)).

What is the definition of Child/children under the Act?
Ans. The Act defines "children" as son, daughter, grandson and granddaughter who are not minor.

What is the definition of Maintenance under the Act?
Ans. The "Maintenance" includes provision for food, clothing, residence and medical attendance and treatment.

What is the definition of a Senior Citizen under the Act?
Ans. A "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above.

Who are eligible for claiming maintenance under the provisions of the Act?
Ans. The Act provides that a senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application for claiming maintenance.

Whether a person other the claimant can file application on his/her behalf?
Ans. An application for maintenance may be made:-
a. by a senior citizen or a parent, as the case may be; or
b. if he is incapable, by any other person or organization authorized by him; or
c. the Tribunal may take cognizance suo motu.

Whether there is any provision for the Tribunal to order subsistence allowance to the claimant during the proceedings?
Ans. The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this section, order such children or relative to make a monthly allowance for the interim maintenance of such senior citizen including parent and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct.

What is the time limit for disposing an application for claiming maintenance?
Ans. An application filed under subsection (2) of Section 5 for the monthly allowance for the maintenance and expenses for proceeding shall be disposed of within ninety days from the date of the service of notice of the application to such person. However, the Tribunal may extend the said period, once for a maximum period of thirty days in exceptional circumstances for reasons to be recorded in writing.

What is the monitoring mechanism for implementation of the Act by the States?
Ans. The Act has been enacted in pursuance of the provisions of Article 41 read with Entry 23 of the Concurrent List (Schedule VII) of the Constitution of India. State Governments are required to notify the Act and frame Rules for implementing the provisions of the Act. However, Section 30 of the Act enables the Central Government to give directions to State Governments for carrying into execution of the provisions of the Act. Further, Section 31 of the Act provides for periodic review and monitoring of the progress of implementation of the Act by the State Governments. The Ministry will act in accordance with these provisions to ensure effective implementation of the provisions of the Act by the States.

Has any time frame has been prescribed for setting up of Tribunals by the States?
Ans. The State Government are required to constitute for each Subdivision one or more Tribunals as per the need within a period of six months from the date of the commencement of this Act.

What is the effect of the order of maintenance?
Ans. A maintenance order made under this Act shall have the same force and effect as an order passed under Chapter IX of the Code of Criminal Procedure, 1973 and shall be executed in the manner prescribed for the execution of such order by that Code.

Who can appeal to the appellate Authority under the Act?
Ans. Any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal.

What is the time limit for an appellate authority to dispose of the appeal?
Ans. The Appellate Tribunal is required to make endeavours to pronounce its order in writing within one month of the receipt of an appeal.

Is there any penal provision for enforcement of maintenance order of the Tribunal?
Ans. Yes, the Maintenance Order given by the Tribunal will have the same effect as the maintenance order passed under Section 125 of Cr. PC. This will include imprisonment upto One month and also issue a warrant for levying the amount due in the manner provided for levying fines.

What are the provisions about revocation of will?
Ans. As per the provision of Act, a senior citizen can seek to revoke any property, which has been transferred in favour of children/relative on the condition that such children/relative would provide maintenance to him but are not providing the same. The tribunals are empowered to declare such transfers as void on the applications of such parent.


Is any penalty/imprisonment is for the children who abandon their parents?
Ans. Yes, the Maintenance and Welfare of Parents and Senior Citizens Act 2007 contains penal provisions to discourage abandonment of parents by their children by imprisonment for a term of 3 months and a fine upto Rs. 5000/or both on the children.

What are the similarities between Cr. PC 125 and the Maintenance and Welfare of Parents and Senior Citizens Act 2007?
Ans. A parent can claim maintenance in the prescribed manner either from the Court under Cr. PC 125 or from the Tribunal set up under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, if he or she is unable to maintain himself or herself. The penal provisions for enforcement of orders of maintenance under Cr.PC /Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 are similar.

What are the provisions for medical care of senior citizens provided in the Act?
Ans. The Act provides that State Government shall ensure that, the Government hospitals or hospitals funded fully or partially by the Government shall provide beds for all senior citizens as far as possible; separate queues be arranged for senior citizens; facility for treatment of chronic, terminal and degenerative diseases is expanded for senior citizens; research activities for chronic elderly diseases and ageing is expanded; there are earmarked facilities for geriatric patients in every district hospital duly headed by a medical officer with experience in geriatric care.

What are the provisions for protection of life and property of senior citizen provided in the Act?
Ans. The Act requires the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act. Further, the State Government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens.

What are the provisions for prevention of abandonment of senior citizen provided in the Act?
Ans. The Act provides that whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both.

What is the monitoring mechanism for implementation of the provisions of the Act by the States?
Ans. The Central Government may make periodic review and monitor the progress of the implementation of the provisions of this Act by the State Governments.
National Policy on Older Persons

What are the salient features of National Policy on Older Persons?
Ans. The Government has formulated the National Policy on Older Persons, which was announced in the year 1999 covering all aspects concerning older persons. The salient features of the National Policy are as under:
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Siddharth Desai

Responded 2 years ago

A.file FIR against your daughter in the nearest police station under Senior Citizen Act, 2007.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

ARSHAD ALI ZAIDI ADVOCATE

Responded 2 years ago

View All Answers
A.You should inform the police in this regard. You can also file an online FlR against them. No person can torture the elderly in any way. If your name is home then you can get them out of your house too. If you do not have the courage to bear your expenses, that too you can get from them by law.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.File a protection petition at nearest police station.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconQuashing - DV case be quashed
Dear Client, The domestic violence case can be quashed by the apex court when the wife filed an vague allegations domestic violence case or the husband has all appropriate evidence to prove his quashi...
question iconMarital rape - friend of mine
Ask your friend to immediately file a divorce suit along with maintenance case for her monthly financial support to survive. Before the local police station she must lodge a complaint against her husb...
question iconDomestic violence and abuse by wife and in-laws
You must lodge a FIR against your wife and parents in law before your local police station for such brutal torture against you both physically and mentally. If the local police authority refuses to lo...
question iconHusband is doing cruelty
Dear Client, Unke upar jo charges lage honge aapke complaint ke badd issliye jail hua tha. Aur abhi agar aap divorce nahi chahte toh phir aap mediation centre mein kahe ki apko divorce nahi chahiye au...
question iconI am a 16 years old girl and I am suffering from regular domestic violence
Dear client, 8793088814 call this number and raise complaint against your father and uncle first. There are many NGOs in India that help the girls who have undergone domestic violence. SHEHEROES is...