Request for free advice and yes lawyer later
5 years ago
Brother not behaving normally supported by my mother everytime he has or does attacks and gets away laying the mothers old age card to save him .
My life has been put upside down and I have to keep rebooting myself and get to gear a lot of negetive comments about the same .
In 2016 , once again my brother misbehaved ( in depth of the case later , on selecting a lawyer )
I need a way were He can’t escape and evidence speaks for itself I have visited police stations several times but there again my mother backs him up last time he attacked my fiancée n me in 2016 my mother begged not to get him behind bars and then again she sits relaxed saying nothing happened move on and started to lie there on nothing new that I see her doing since my dads death , this guy was forced by police to put him under treatment but my mother found a way to say no he is normal etccc . I have to exert a lot to save myself from attacks and abuses etccc . He acts very normal outside in public and in society though my immidiate neighbour has seen him misbehave . He knew I would have to walk out to save myself and used that time to vandalise my room my belongings n my original educational n work experience certificates
No I don’t want this guy to get away the police said install cameras in a way were they can’t be medaled with etccc I need someone with expertise.
I need someone who understand this kind of over smartness and can deal with my mother in a way where she says ok to the consequences once and if caught n won’t be allowed to be protected by her Ever Again
ARPIT BATRA
Responded 5 years ago
ROBERT D ROZARIO
Responded 5 years ago
Deepak Yashwantrao Bade
Responded 5 years ago
Rajender Prasad
Responded 5 years ago
You have the right to object and seek legal remedy for your well being.
Share the compete story and also exact location, district,district court,Police Station etc
to get an idea.
I can be contacted through Vidhikarya.com
Shanti Ranjan Behera
Advocate
You may make use of following law.
THE INDIAN LUNACY ACT, 1912:
http://www.rfhha.org/images/pdf/Hospital_Laws/Indian_lunacy_act_1912.pdf
4. Reception of persons in asylum.—(1) No person other than a criminal lunatic or a
lunatic so found by inquisition shall be received or detained in an asylum without a
reception order save as provided by sections 8, 16 and 98 :
Provided that any person in charge of an asylum may, with the consent of two of the
visitors of such asylum which consent shall not be given except upon a written
application from the intending boarder, receive and lodge as a boarder in such asylum
any person who is desirous of submitting himself to treatment.
(2) A boarder received in an asylum under the proviso to sub-section (1) shall not be
detained in the asylum for more than twenty-four hours after he has given the person in
charge of the asylum notice in writing of his desire to leave such asylum.
Reception Order on Petition
5. Application for reception order.—(1) An application for a reception order shall be
made by petition accompanied by a statement of particulars to the Magistrate within the
local limits of whose jurisdiction the alleged lunatic ordinarily resides, shall be in the form
prescribed and shall be supported by two medical certificates on separate sheets of
paper, one of which certificates shall be from a medical officer.
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(2) If either of the medical certificates is signed by any relative, partner or assistant of the
lunatic or of the petitioner, the petition shall state the fact, and where the person signing
is a relative, the exact manner in which he is related to the lunatic or petitioner.
(3) The petition shall also state whether any previous application has been presented for
an inquiry into the mental capacity of the alleged lunatic in any Court : and if such
application has been made, a certified copy of the order made thereon shall be attached
to the petition.
(4) No application for a reception order shall be entertained in any area outside the
Metropolitan towns unless the State Government has, by notification in the official
Gazette, declared such area as an area in which reception orders may be made.
6. Application by whom to be presented.—(I) Subject to the provisions of sub-section
(3), the petition shall be presented by the husband or wife of the alleged lunatic or, if
there is no husband or wife or the husband or wife is prevented by reason of insanity,
absence from India or otherwise from making the presentation, by the nearest relative of
the alleged lunatic who is not so prevented.
(2) If the petition is not so presented by the husband or wife, or, where there is no
husband or wife, by the nearest relative of the alleged lunatic, the petition shall contain a
statement of the reasons why it is not so presented/and of the circumstances under
which he presents the petition.
(3) No person shall present a petition unless he has attained the age of majority as
determined by the law to which he is subject, and has within fourteen days beforethe
presentation of the petition, personally seen the said lunatic.
(4) The petition shall be signed and verified by the petitioner and the statement of
prescribed particulars by the person making such statement.
7. Procedure upon petition for reception order.—(1) Upon the presentation of the
petition, the Magistrate shall consider the allegation in the petition and the evidence of
lunacy appearing by the certificates.
(2) If he considers that there are grounds for proceeding further, he shall personally
examine the alleged lunatic unless-for reasons to be recorded in writing, he thinks it
unnecessary or inexpedient so to do.
(3) If he is satisfied that a reception order may properly be made forthwith, he may make
the same accordingly.
(4) If he is not so satisfied, he shall fix a date ( notice whereof shall be given to the
petitioner and to any other person to whom in the opinion of the Magistrate notice should
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be given ) for the consideration of the petition, and he may make such further or other
inquiries of, or concerning, the alleged lunatic as he thinks fit.
8. Detention of lunatic pending enquiry.—Upon the presentation of the petition, the
Magistrate may make such order as he thinks fit for the suitable custody of the alleged
lunatic pending the conclusion of the enquiry.
For full procedure contact me on mobile through Vidhikarya.
Rameshwar Dadhe
Responded 5 years ago