Old age mother want her son out from her house with his wife
Querist :
Anonymous
(Querist) 20 March 2022
This query is : Resolved
An old age woman being disturbed or regularly physical ill-treatment by her son with her wife living with him, actually She has four sons 1st & 3rd son is in govt. service and enjoying their life, where 1st son is posted local and 3rd is somewhere in other state the rest 2nd is married 4th is yet to be married
the matter is that with 2nd son that they regularly hot talk with his mother his wife threat his mother-in-law as well as her 4th son (who is yet to be married) to send jail, last time Daughter in law somehow manage to complain against dewar also for reporting favorably to mother in law in local thana(SHO)
On complain of mother in law being physical assault by 2nd son and his wife (in the absence of 4th son)
SHO has advised to vacate them (3rd son with his wife) house, even they agreed to comply the order. but later refuse to do so.
Now they have moved to mahila thana raising the some ill matter against 4th dewar
kindly advise for depressed and hapless women helping her son with his wife out from house
Ksreddyacs
(Expert) 20 March 2022
Approach local Advocate and file a suit
Advocate Bhartesh goyal
(Expert) 21 March 2022
File complaint under provisions of Senior Citizen Welfare and Maintainance Act 2007 before SDM court and prey for eviction of son and his family and maintenance.
kavksatyanarayana
(Expert) 21 March 2022
Yes. Very well explained by the above learned expert Mr. Bhartesh Goyal Sir. The woman shall complain against her son and daughter-in-law under the provisions of SCM Act, 2007 before the SDM court.
Querist :
Anonymous
(Querist) 22 March 2022
Thanks all learned advocate
Earlier a mistake was done in briefing kindly read the facts with this correct line
SHO has advised to vacate them (2nd son with his wife) house, even they agreed to comply the order. but later refuse to do so.
Let me know whether case in SDM/Court is only option or simply writing a complain to my district SSP and copy of the same should be sent to as you say SDM/Court by approaching local lawyer.
Sir, actually I just want the matter to be settled as soon as possible being 67 years of age I can not attend on each consecutive or alternate date fixed by court, I again express my gratitude to all concerned advocate
Dr J C Vashista
(Expert) 22 March 2022
I fully agree with the experts.
Besides the option to move under the provisions of Maintenance of Parents and Senior Citizens Act, 2007 before Senior Citizens Tribunal (Area District Magistrate / Deputy Commissioner but not SSP) she (mother) can move under section 12 of the Protection of Women from Domestic Violence Act, 2007 for relief under section 17 of the Act .
She has also the option to move to area civil court for issuance of a mandatory and permanent injunction against her son + daughter in law to vacate the premises restraining the defendants (son + his wife) from creating any nuisance against plaintiff (mother).
