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Domestic violence by son against mother

(Querist) 12 January 2015 This query is : Resolved 
This is case of my widow relative having a 35 years unmarried son who does nothing to earn his living and harasses his 61 years widow pensioner mother for money moreover he demands his to mother to transfer all her money in his account. He does manhandling with his mother, uses unparliamentarily language against her and threatens her to cause physical injury to her, moreover he prevents his mother from sleeping in night by switching on the lights and playing music system in night he himself sleeps in day to complete his sleep. Any relative or neighbours who assist this widow women in getting relief from domestic violence her son also threatens them and at an incidence he very harshly hit his uncle's son on head while uncle's son was assisting this widow women. We once filed a complain against him in POLICE in front of ASI he started acting as if he is insane and ASI went saying that he is insane and it is not the duty of police to treat insane as soon as ASI departed he again started his activities. In 2012 also a complaint was LODGED in WOMEN CELL in front of women cell officials he stared behaving like insane and they said बहन जी ये तो पागल है। We are very much problemed by this can we file a complain in DOMESTIC VIOLENCE ACT 2005. What is remedy for this widow women to get rid of the violence done by his son.
Advocate.S.A.Siddiq (Expert) 12 January 2015
yes . U can file the DVA
Shailender Sharma (Querist) 12 January 2015
Please inform sir in which clauses of DVA Act complaint is to be filed, what if he again acts as an insange in front of officials.
Shailender Sharma (Querist) 12 January 2015
in which clauses of DVA Act complaint is to be filed, what if he again acts as an insange in front of officials.
sibasish pattanayak (Expert) 01 February 2015
Mr. S.Sharma,
you can advice her to file a case of PROTECTION OF WOMEN FROM DOMESTIC VIOLANCE ACT ,2005, u/s. 12 of the sad P.WD.V.ACT Before the JMFC, WITH PRAYERS U/S. 18 OF THE SAID ACT, PLEASE FILE AN APPLICATION U/S. 23 OF THE SAID ACT ALONG WITH THE APPLICATION OF SECTION 12.
Actually she needs only Protection, which available u/s. 12.
if he really insane ,then you also file a petition for his medical with the court of the original jurisdiction.
best regards,
SIBASISH PATTANAYAK ,ADVOCATE
mail: sibasish_adv@yahoo.co.in
09874854594


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