Son harassment Son harassment

1 month ago

Son drinking abusing n not giving house expenses

Anik

Responded 1 month ago

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A.Dear Client,

Considering the complexity of the unfortunate situation you described, if you are a senior citizen facing harassment and humiliation, you have legal avenues available to address the issue. As a senior citizen, you can take the following steps:

1. **File a Complaint Under the Domestic Violence Act, 2005:**
You can file a complaint against your son under the Domestic Violence Act, 2005, detailing the nature and specifics of the harassment and humiliation you are facing.

2. **Apply Under Section 5 of the Maintenance and Welfare of Parents & Sr. Citizens Act, 2007:**
You can apply under Section 5 of the Maintenance and Welfare of Parents & Sr. Citizens Act, 2007, before the maintenance tribunal presided over by the Sub-Divisional Magistrate (SDM) or District Magistrate (DM). This application should outline the harassment you are enduring. The tribunal, after giving notice to the concerned parties, will conduct an inquiry to determine the amount of maintenance. It may pass an order for payment of maintenance, up to Rs.10,000, payable by the errant children or relatives to the applicant (you).

3. **Contact Elder Help Line:**
The Ministry of Social Justice and Empowerment has launched an Elder Help Line (No.14567), designed exclusively to assist senior citizens in crisis situations, ranging from health to wealth. You may contact this helpline to seek assistance and resolve the matter.

These legal provisions and support mechanisms are in place to protect the safety and security of senior citizens who may be facing mistreatment in their later years. It's important to note that in the proceedings under the Maintenance and Welfare of Parents & Sr. Citizens Act, no advocate is allowed to represent either the senior citizen or the erring family members.

Taking these steps can contribute to resolving the issues you are facing and help you lead a life with dignity and peace in your sunset years.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 month ago

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A.Dear Sir,
Under the provisions of Senior Citizen Act the parents can get Rs.10,000/- each from the son. Further, you may lodge complaint with Police to take your son to any nearest rehabilitation center.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
In the given scenario, considering the complexity of such an immoral and unwanted issue, if you are a Sr. Citizen, can resolve the issue by exercising your rights available under different laws of the land. Amongst others, you can file a complaint against your son under the Domestic Violence Act, 2005, and can apply under Section 5 of the Maintenance and Welfare of Parents & Sr. Citizens Act, 2007 before the maintenance tribunal presided over by the SDM/DM explaining therein the nature and details of harassment and humiliation faced by you in the hand of your son. On receipt of an application for maintenance under sub-section(I) of Sec.5 of the Act from a Sr. Citizen, after giving notice of the application to the children or relative and after allowing the parties to be heard, hold an inquiry for determining the amount of maintenance and based on the merit in the claim pass an order for payment of maintenance up to Rs.10,000/-payable by the errant children or relatives to the applicant, parents/Sr. Citizen including order of eviction of erring children/relatives from the property belonging to Sr. Citizens/Parents. 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 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/family. 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, you may take a chance by contacting them through helpline number to resolve the matter.
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