Advice
Prasad
(Querist) 15 June 2016
This query is : Resolved
Expert advice please
My brother aged 42 employed abroad divorced earlier ,went abroad came to India in march 2015 married again and on june 2016 again divorced. We are 5 brothers including him . He is second brother .Our father expired 4 years back and we are having our god like mother aged 79. We are having two houses ( father owned ) and in one house our mother stays with a servant and second house 20 km apart our elder brother stays
This brother as stated above coming to India marry getting divorced after say one year . He fights with our mother During course of stay for marriage . We thinking he will improve says yes and marriage taking place . he gives either address of our mother for marriage time or our elder brother address for marriage . He created trouble in wife house and they send court notices as per his address given in marriage certificate which creates great troubles for entire family
He always uses bad words and fights with our mother . Now divorce over after second marriage and never turn up to court and judgment comes as expartie. Now even during last marriage also same thing happened where we given compensation to girl party and he never bothered to pay back also . Now again same drama .
How to go ahead with these . He having share in house where mother staying . Always creating trouble in one way or other . because of him even our value in society and mother safety also in critical stage . He consumes alcohol . We stays and employed in Bangalore . Mother don’t want to come to Bangalore or even to elder brother home
Your valuable reply please
1 Safety of mother is priority . can we approach court with a condition that he can stay away from these houses during his arrival in India and as son he can see mother once in a week for one hour and not to disturb her also and instruct police authorities for help
2 recovery of money from him for expense incurred for court case
Devajyoti Barman
(Expert) 15 June 2016
1. The owner of the house where the mother is staying can seek injunction agaisnt the particulate brother so he may be restrained from entering.
2.Litigation cost though is allowed by court, it is in most cases a customary and not substantial.
Rajendra K Goyal
(Expert) 15 June 2016
If the houses are in the name of father, he has share in the houses.
Try to have registered partition deed of the property among all.
In case of need your mother can approach / use senior citizen help line / inform local police.
Siddharth Dev
(Expert) 15 June 2016
Even those women who are sisters, widows, mothers, single women, ... (g) “domestic violence” has the same meaning as assigned to it in section 3; ...... 20(1)(d), and u/s.20(3) of Domestic Violence Act.
So i suggest you can complaint before local police for such type of violence i assure you that Your mother will be safe after that complaint u/s DV Act.
Thank you
Kumar Doab
(Expert) 15 June 2016
You can benefit from the above advise of experts.
Helpline at Police Commissioner's office to be available on all days:
The Elders Helpline (toll-free number 1090)
>The NGO’s Helpline number;
http://www.helpageindia.org/our-work/eldercare/helplines.html
1800-180-1253
Collector can be approached.
Deputy Director of Department of Welfare of Disabled and Senior Citizens can be approached.
Rights of senior citizens have been discussed at LCI in many threads.
If the mother is Senior Citizen then :
Protection under Indian Law:
· Indian Constitution: Art 41- Right to work, education, public assistance in certain cases. Art-46- Promotion of educational and economic interests.
· The Code Of Criminal Procedure: Sec 125 provides the provision to the maintenance of the parents by their children, no matter to which religion or community they belong to.
· Provisions Laid By The Government:
o National Council For Older Person called Agewell Foundation by Ministry Of Justice And Empowerment.
o Setting up round the clock helpline. ( Approach SP of the area) and request the SP to stop ill treatment and to protect the dignity and wealth of widow and prevent ill treatment.
Department of Welfare of Disabled and Senior Citizens has started helplines to provide Helpline at Police Commissioner's office to be available on all days
Services include giving support to elders who are abused, exploited and deserted
o
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
o “An act to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constitution and for matters connected therewith or incidental thereof”.
Under DV Act complaint can file before protection Officer .Senior Citizen Act also there to protect the seniors.
The old Couple should approach the Collector / Competent Authority under Senior Citizens protection Act and he will call the sons and take necessary action for their protection
Register police complaint at the local P.S and in case of non-action meet with the S.P. of the district, even if no action is taken move High Court under Writ jurisdiction. The Police shall take action. A new act ie. Maintenance & welfare of parents and senior citizens is passed in 2010. Your client can initiate proceeding in appropriate tribunal made under the act
