Mental Harassment of Senior Citizen Mother
6 months ago
I got married in March 2023. My wife has been continuously engaged in mental harassment of my mother by levying false accusations and persistent nagging. My mother and myself have been trying to accomodate her as far as possible. I am a psychiatric patient.
Her brother has been trying to play the role of a mediator but things have gone out of control and now she falsely accuses that I am in illicit relationship with my mother. My mother has already suffered a massive heart attack and I am on the verge of having a nervous breakdown.
Under the above facts and circumstances, what recourse (i) Does my mother have under the Senior Citizen Act for complaint against her daughter-in-law i.e. my wife citing severe and unbearable mental harassment ?
(ii) Do I have under Domestic Violence Act given the fact that I am suffering from psychiatric disorder ?
(i) The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, provides certain rights and protections to senior citizens. Under this act, senior citizens, including your mother, have the right to seek protection from harassment and abuse, which includes mental harassment. To address the mental harassment faced by your mother, you may file a complaint with the local police, stating the mental harassment she's facing, or approach the Maintenance Tribunal in your area for assistance. The Kerala High Court has held that objective of the Tribunals constituted under under Senior Citizens Act is not to merely issue Maintenance directions but to ensure dignity of Senior Citizens as well. The right to life under Article 21 of the Constitution includes right to live with human dignity. The object of Senior Citizens Act is to maintain parents and senior citizens to lead a life with dignity.
(ii) The Protection of Women from Domestic Violence Act, 2005, is primarily designed to protect women from domestic violence, but it does not exclude men or individuals with psychiatric disorders from seeking protection under the act. However, mental harassment & cruelty are considered grounds for divorce.