elder abuse case elder abuse case

1 month ago

my brother and sister in law harassing my parents and me. our neighbors also harassed us before and now supporting my brother and sister in law in every case. our nearest police t.o.p. is not helping us get rid of them , what should we do to live a peaceful life by making them away ?

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
Your parents can file an application 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 your aged parents in the hand of their Sonsdaughter-in-law. On receipt of an application for maintenance under sub-section(I) of Sec.5 of the Act, 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 including order of eviction of erring children/relatives from the property belong to Sr. Citizens/Parents. The Maintenance Tribunal is also empowered under Sec.23 of the Act to cancell a deed of gift executed in favour of children/relatives who failed to maintain their aged parents/Sr. Citizens. This forum is less expensive and hassle-free to resolve disputes. 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 older people;
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