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LET'S EXPLORE   02 April 2024

Daughter Harrassing Mother

I'm a Widow aged 46 years. My husband expired 2 and a 1/2 years back. I live in my parent's house with my 2 children. Both of them are 19 years old. My father expired 2 and a half years back. My Mother aged 76 years is suffering from Cancer, Epilepsy and High Blood Pressure. I am also suffering from Epilepsy and high Blood Pressure. I am the sole breadwinner of the family. Since my husband expired, I run the house single handedly by supplying cooked food from home. I have a business partner in my food business who often comes here and helps me in my work, since I cannot handle everything single handedly. My daughter does part time work at a gym as a receptionist to fulfil her additional extra expenses. Since the last 2 months, she has been Putting False Allegations On me, my son and my business partner and tried to lodge False complaint against 3 of us that we tie her up and keep her locked in the house and Don't allow her to go outside, but after the police checked the cc TV of our society, all her Allegations were proved wrong and she was warned by the police. She did this because we confronted her coming home late nights by mid night , staying out and roaming out till 1 and 2 am without informing us, and working at the gym without my consent. The gym Owners ( husband wife ) are favouring her behavior tremendously and keep instigating her against us to keep creating chaos every day.
My daughter doesn't follow the rules of the house, uses abusive language at home with me, my mother who is sick and senior citizen, my son, and abuses any of my friends or associates who come home to meet me.
On 31st March 2024, my daughter Physically assaulted me at my house. My mother was also hurt when she tried to stop her. I was bleeding and my hand and foot were swollen.
I immediately called one of my friends, and went to the police station nearby and lodged NC with the police against my daughter. The sections mentioned are 323 and 504. Then I went to a nearby government hospital to get my medical done.
Fortunately there was no fracture, but Physical bruises have been noted on doctor's report.
Now coming to the main point is that I no longer Wish to keep my daughter in my house Since I have a threat of my life from her as well as my mother has a threat of her life from my daughter. Because of her my business is getting affected because she constantly keeps abusing my business partner, who in turn has refused to work with me under such circumstances.
Inspite of police complaint, she is continuing with her unacceptable behaviour in my house.
Note : This is my parent's house. So in this case do I have legal right to remove my daughter from the house ?
I have spoken to one of the local lawyer who says that we can send her legal notice to leave the house immediately.....can I do this ? if yes, what all should be added as main points to immediately throw her out ?
What legal procedure should I follow to get her out of my house.....
kindly guide me with your valuable advice.
awaiting your valuable replies 🙏


Learning

 3 Replies

Mr. Sumitra kumar (Advocate)     02 April 2024

No, you don't have legal right to remove your daughter from your mother's home but you can file a criminal case against her or warn her of consequences if she continues abusive behavior.

 

Thank you.

T. Kalaiselvan, Advocate (Advocate)     02 April 2024

If it is your mother's house then she can issue a legal notice to her to vacate and leave the house due to her atrocious and unbecoming attitude, including violent behaviour and abuses.

You can obtain power of attorney from your mother to file a suit for permanent injunction restraining her from staying in the house and causing harm to all inmates of the house.

For your own safety you can continue with the existing criminal case against her until she leaves the house.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     02 April 2024

Women Helpline ( All India )

Women In Distress 1091

Women Helpline Domestic Abuse 181

Police 112 / 100 

LIST OF STATE WOMEN COMMISSION

https://ncwapps.nic.in/frmListStateCommission.aspx

Note :- For any updation , correction and addition on helpline numbers email us at : Indianhelpline@hotmail.com

 

There are many scheme by government and laws by Government of India and Reporting Mechanism.

1. Under the Legal Services Authorities Act, female victims have the right to get free legal aid or help from the Legal Services Authority who has to arrange a lawyer for help ( for the victim only ) .


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