Need experts opinion
Mohit Singh
(Querist) 20 March 2015
This query is : Resolved
Greetings,
I am sure you all may have heard each time its a differnt case .But the case I am going to refer here is sensitive and different.
My father is a 62 old person who Lives in Rajasthan.I am working in a Law Firm in Gurgaon.I stay with my Mother and Wife in Gurgaon.My father is a private person and likes to interact very less socially and stays in the house in Rajasthan.
he is a patient of Depression form last 17 Years and has been on Medication on and off.He is most of the times in his aura and does not remember things.
He at times is found to be talking to himself and abusing the neighbour with whom he had also had a court case which was settled with mutual agreement.
He was reported by the neighbours's wife for using abusive language,not specifically to her but whenver my father raises his voice in house neighbour feels they are being screemed and abused at .Neighbours do not have a boundary wall at our side of the house.Meaning they have wall 3 side of their hous and at our side its a gallery and hence both the houses and see and hear the things of each ones.neighbour claims to have a good relation with a Cabinet minister and on and off sends police in the house to threaten and give warning to my father.In last 6 months ,it has happened twice .
My father is under Medical treatment and old.I have not spoken to the local Police Authority Yet as I got to know about the case itself this week.
My Questions are :
1)In case of no one around how can I provide legal protection to my father.
2)Can police come and threaten my father?
3) As this incident had bene old for 2 weeks now can we file for a case against the other party?As of now my father is staying with me .
4)can a Lawyer on my father's behalf file a complaint in the local police station?
5)My father tried to file complaint twice and was turned down saying he is not in his senses .
I am very concerned about his security as the neighbour couple are lecturer and have threaten on several occassion to use the political and student power to set the score right.
Advocate Kappil Cchandna
(Expert) 20 March 2015
Sir,
You can send a copy of the complaint to the police regarding the same and let the fact come to the notice of the police ....
See your father has a defence in all cases which can be filed against him under section 84 IPC ....
But make sure you send a copy mentioning everything and at same time you can mention that this only for information purpose and I don't want any legal action to be taken in this regard ......
Regards
Kapil Chandna Adv 9899011450
Devajyoti Barman
(Expert) 20 March 2015
1. The police without written complaint can not visit your father. Ask your father write letter to highest officials as to why police comes so frequently in his house and threaten him.
2. If this continues then he can file writ petition in high court.
3. Yes, you can
4. Lawyer cannot but you can.
5. You lodge complaint then.
malipeddi jaggarao
(Expert) 20 March 2015
You are working with a Law firm. What is the need to approach this portal? The answers to your queries are within the query itself.
1) Your father is 62 years old person.
ii) Your mother is staying with you.
iii) father is a private person and likes to interact very less socially and stays in the house in Rajasthan.
iv)he is a patient of Depression form last 17 Years and has been on Medication on and off.He is most of the times in his aura and does not remember things.
v) He at times is found to be talking to himself and abusing the neighbour with whom he had also had a court case which was settled with mutual agreement.
vi) whenver my father raises his voice in house neighbour feels they are being screemed and abused at .Neighbours do not have a boundary wall at our side of the house.Meaning they have wall 3 side of their hous and at our side its a gallery and hence both the houses and see and hear the things of each ones.
All the above factors are concerned to the peaceful living of your neighbours. What is the reason that you have left him behind alone? He does not come! If you cannot take care of your father and you can not convince him, naturally how the neighbours will bear the nuisance created by him? They have every right to complain and you have to disprove their allegations if they are not true.
You know the solution. But you do not wish to adapt it. Instead of leaving your father to his destiny alone in Rajasthan, bring him into your family. What fighting you can have with your neighbour when his problem seems to be genuine, that too when you are at a far off place.
ajay sethi
(Expert) 20 March 2015
agree with MR barman
alexander
(Expert) 20 March 2015
Legal approach may create more problems for the lone old gentleman already a victim of depression.
I am inclined to agree with Shri Malipeddi Jaggarao ji. Your Father in his present state requires your affectionate care.Loneliness without any strong hobby or interest can be very harmful and best avoided.
In normal circumstances the induction of the 'khaki' element is best avoided otherwise they are duty bound to provide help ,assistance and protection to Senior citizens more so if they are differently challenged.. In any case he must, have a 24x7 domestic help and that would bea witness too if there are any wrong charges levied against him.
The domestic help must be instructed about the medication to be given and at what frequency. Jaipur is not far away - a weekly visit and a courtesy call on the neighbours would be in order. It is a
humane problem and requires more of a humane approach
If the issue comes to a boil you being an advocate yourself would seek the protection of the law and do the needful
Alexander
nom de plume
Kumar Doab
(Expert) 20 March 2015
You sought legal advise and follow the steps suggested by Expert Mr.Barman.
The thorough gentleman experts have suggested other steps too and you can follow.
Some instances as per you have addled the senses.........and caused depression.
Both Delhi and Jaipur have Institutions and Psychiatrists/Councillors par excellence and nowadays a wide range of medications are available to treat such ailments and can be cured.
T. Kalaiselvan, Advocate
(Expert) 20 March 2015
This appears to be more a story than a real fact, however, let us not introspect the genuineness, you may follow the advises rendered by experts above to find a solution. In your own interest,another set of litigation may bring more havoc to the already depressed person, so better take cautious step.
Mohit Singh
(Querist) 21 March 2015
Thanks Experts ,Appreciate the Leagal Guidance.This indeed gives me answer to lot of my doubts and shows me the next staep.
As the matter involves my father so I was standing at a road that goes two ways .I very much want him to be staying with me but he does not like the lifestyle and feels more comfortable in his house then at my place.As he is my father I can't do things against his wish ,at the same time this situation has a legal complexity ,so I was just seeking to take leagal opinion for my father's safety.
