Mentally Ill Abuser
11 months ago
I am reaching out on behalf of someone who doesn't know I'm seeking legal advice. She is being exploited for money by her son. He forcefully took her debit card from her and threatens to physically hurt or murder her if she doesn't send a large amount of money every few weeks. He does not use the money for basic needs. He gives it away to others for no reason and books luxury vehicles to be driven around town with that money. He is 31 and has never had a job. He also has schizophrenia according to a diagnosis from several years ago. He is extremely verbally abusive and can often be physically abusive to his mother and sister as well, especially since the passing of his father last year. What should his mother and sister do to protect themselves and to stop him from wasting vast sums of their money?
There are multiple ways to about with this issue. The mother and the sister both can be protected under the PWDVA, 2005. They can approach the police station and file a FIR/DIR. The police station will guide them to the Protection Officer of the region. They can also contact the Protection Officer directly. National or State Commission for Women or other NGOs and Helplines can be contacted.
Complaint may be lodged and he must be sent Mental Hospital and also not to get any bail if he is arrested by police.
In case the person for whom you sought legal advice is a Sr. Citizen then she can make an application to the concerned SDM or Dist. Magistrate who are designated as Presiding Officer and Appellate Authority under Maintenance and Welfare of Parents and Sr. Citizens Act, 2007 praying appropriate relief to the plight she is facing now for her unruly and erring son. This forum allowed no Advocate to represent your case and the Maintenance Tribunal being empowered under CPC and Cr PC to adjudicate the Application/complaint of any distressed Sr. Citizens and on his prayer provide assistance of Social Welfare Officer (SWO) for extending all sorts of assistance to Sr. Citizens to represent his/her case before the Maintenance Tribunal set up in the office above referred authorities.
In case she is not an Sr. Citizen then she need to reach out to an Advocate for lodging a complaint under PWDV Act against her erring son to get appropriate reliefs in the matter.