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arkbest3 (so)     16 November 2013

Mother in trouble

Dear Sir/Madam,   

I am a scientific officer working with a govt organisation. actually my family background was not so financially sound. somehow my parents educated me and brought me to this position. i have one brother too.

 

due to some medical reasons and his less interest my brother could not completed his studies. so, we have taken a shop and started a small kiranaa shop sufficient for survival.

my mother, brother and father were staying in my hometown and myself at my workplace at distance of 33 hours journey by train.


few years ago, we have purchased a new house at hometown  financed by me on my name and my mothers name(now also i am paying the installments through bank) and all these people were staying there.

problem started since may 2011, when my father expired.

my brother, started troubling my mother for silly silly matter. scolding foul words, harrasing, beating is a common phenomenon.

say one year back, he started claiming that he need the part of property what was there at the time of father.

actually property was sold at that time itself and money was used for shop etc.


anyway, to pacify him i paid the 1/3 of the sold value keeping in my mind that the property shall be of 3 persons, me, my mother and my brother. also, as my mother is too soft hearted i allowed my brother to live there.

Now, claiming money with some reasons have become a common phenomenon. other my brother harasses my mother. unfortunately there is no relative available to help me there and myself is so far.

Now, i need following advice:

1) is any rule exist which empowers me through police so that i can as my brother to vacate my house, so that i can bring my mother with me?

2) if mother goes to police for help, whether police will interfere in this as he is beating and harrasing her?

3)he has also forced my mother to mortgage some of her jewels to local jewel shop and he further harasses her to give all; how my mother can protect herself?

 

kindly guide, this is to express here that i am a father of two daughter and do not want any voilence and hence i have paid a lot of money to my brother but still his greed is not getting over.

 

regards

 

mudit

 



Learning

 2 Replies

Adv. Chandrasekhar (Advocate)     16 November 2013

Under domestic violence Act your mother can get protection order and residential order against your brother restraining him not to enter into her residential premises and not to contact her by any mode.  Once this order is passed in favour of her and after that if he violates that order, by her simple affidavit he will be put behind the bars.  As the property, as per your narration, appears to be in your and your mother's name, he does not have to enter into that premises.  Engage an advocate and file dv case and in a matter of a few days as interim relief your mother will get the above said relief. 

Laxmi Kant Joshi (Advocate )     16 November 2013

Tell your mother not to bear any type of domestic violence upon her , immediately file for protection order against him u/s 18 of domestic violence (dv) act , and also restrict him to entry in her home . 2. if he violates the order immediately report in the police station and protection officer , he will be put behind bar for his this act . 3. engage a lawyer to handle this matter and always be remain in contact with him .

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