Mental Harassment of senior citizen by son in law Mental Harassment of senior citizen by son in law

8 months ago

my friend complained against her husband for domestic vialence, dowry and separation with her husband. But this guy is not giving her divorce. on top of it he is filing multiple cases against her and her 68 years old father. her father's heath is not good and even he is partially blind. He is undergoing tremendous mental stress and humiliation. Everyday one or the other notice/ summons reach their home. kindly help.

Legal Counsel Vidhikarya

Responded 8 months ago

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A.Dear Client,
Under Sec.8 of the PWDV Act, 2005 a Protection Officer is exclusively appointed by the State Govt. to protect the interest and safety of victims of domestic violence from filing suit before the Court to disposal of suit. So, when the husband of your friend is facing harassment and multiple false cases brought by the husband against the victim with an ulterior motive to compel her to withdraw DV case the matter should be brought to the notice of PO for its proper presentation before the Court for necessary action/order. As regards the mental harassment of old aged father of a friend who is also facing similar consequences from his son-in-law, your friend may be suggested to visit the office of SDM or DM of the concerned Sub-Division or District to file an application before the Maintenance Tribunal presided over by the SDM/DM u/s.5 of Maintenance and Welfare of Parents and Sr. Citizens Act, 2007 and rules made thereunder explaining therein the nature and details of harassment and humiliation facing by a old aged Sr. Citizen in the hand of his Son-on-law. This benevolent act is exclusively enacted for the protection of the safety and security of Sr. Citizens who are being harassed and abused by their children/family members or relatives in their sunset years to lead a life with dignity and peace. No Advocate is allowed in the proceedings to represent the case either on behalf of Sr. Citizens or OP, erring children/relatives, and almost hassle-free, less costly, and easy to access Justice. Moreover, if any Sr. Citizen is unable to represent his or her grievance, there are Social Service Officer(SSO/SWO) to assist the Sr. Citizen in representing the case suitably before the Maintenance Tribunal, and after hearing both parties Tribunal is empowered to pass an order of maintenance for a sum upto Rs.10,000/-pm including order of eviction of erring children/relative from the property belongs to Sr. Citizens/Parents. Further, an Elder Help Line (No.14567) is launched by the Ministry of Social Justice and Empowerment exclusively for the protection of the interest of Sr. Citizens of the Country from any kind of crisis from health to wealth, your freind may take a chance by contacting them through helpline number to resolve the matter.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 8 months ago

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A.Dear Client,
Domestic Violence Act, 2005: If your friend is experiencing domestic violence, she can file a complaint under the Protection of Women from Domestic Violence Act. This can provide her with protection orders, residence orders, monetary relief, and other forms of assistance to ensure her safety and well-being.

Dowry Prohibition Act, 1961: If your friend's husband and his family members are harassing her for dowry, she can file a complaint under this Act. The Act prohibits the giving and taking of dowry and provides for penalties for those who demand dowry.

Section 498A IPC (Cruelty by Husband or Relatives): This section deals with cruelty by a husband or his relatives towards a woman. If your friend has evidence of physical or mental cruelty, she can file a complaint under this section.

Divorce Proceedings: If your friend wishes to seek a divorce, she can file for divorce under the grounds recognized by Indian laws. These grounds might include cruelty, desertion, adultery, conversion to another religion, and more.

Maintenance and Alimony: Depending on the financial circumstances of both parties, your friend may be entitled to maintenance and alimony during and after divorce proceedings.

Restitution of Conjugal Rights: If her husband is refusing to cohabit with her, your friend can file a petition for restitution of conjugal rights, which essentially asks the court to order the husband to live with her.

Protection Orders: Your friend can seek protection orders from the court if she is facing threats or harassment. These orders can prohibit her husband from coming near her or contacting her.

Anticipatory Bail/Regular Bail: If your friend's husband is filing false cases against her and her father, they can seek anticipatory bail or regular bail to prevent arrest.

Counter Cases: If your friend and her father are facing false cases, they can consider filing counter cases against the husband for harassment, defamation, or other relevant offenses.

Mediation and Settlement: Depending on the willingness of both parties, mediation can be a way to reach an amicable settlement without prolonged court battles.

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