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sri   08 May 2024

Son not allowing sister to talk with or visit their mother who is residing with him

My 60 year old uncle is known to be verbally abusive and violent with his wife, child and mother (my grandmom) who are living with him. He has also never maintained good relations with his only sister (my mother) who is living in a different city. Many times, based on his moods, he would not allow my mother to talk or visit my grandmom. This past many months, close to a year this, this not allowing has persisted. Also, he has not been talking to my grandmom this past many mom. My grandmom, closing to 90YO, is living in this hostile environment, where her own son whom she is living with in the same house, is not talking to her, and her daughter is not allowed to talk her. All this is extremely stressful one her frail ageing self.

My mom has no way to contact my grandmom other than contacting the phone of my uncle, his wife's or is daughter's, none of whom cordially allow the conversation. So sometimes, since I live in the same city as my uncle, I visit my grandmom, and make a video call with my mom. Now he has sent a message to my dad that even that is no more allowed and he wants to cut all ties. But this is not the desire of my grandmom.

My grandmom is traditional. Since she is closing in on 90 YO, she wishes to stay with her son during her passing. She wishes to visit my mom a couple of months a year though, whcich now my uncle is not allowing saying my grandmom might spread that he is not taking care of her well.

In all, this a toxic family setup stuck in convoluted traditional mindset and abusive uncle. The fundamental issue is my absuive, fear mongering uncle. Is there any legal appraoches where my grandmom is made to willignly leve her last years with my parents, away from the toxicity of my uncle? Or is there a legal way where my uncle's non allowance is made not possible and legally he should allow my mom and grandmom to visit and interact daily?



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 4 Replies

P. Venu (Advocate)     08 May 2024

Your mother can move the RDO/SDO under the provisions of Section 4 of Maintenance and Welfare of Parents and Senior Citizens Act. Of course is more about providing physical comforts, however a wider appication is possible as to welfare of the senior citizen. 

T. Kalaiselvan, Advocate (Advocate)     08 May 2024

Your mother can take help of any women welfare NGO or approach the social protection and welfare officer available in the district headquarters or approach the state women commission for help to get the relief in this situation.

Your mother has full rights to meet her mother especially who is aged and can very well attend to her needs hence she can adopt any of the remedies available 

Sidhhi   09 May 2024

Any legal action is fraught with more mental torture for your grand mother as she is in her ninties. She has to take a call and lodge police complaint under the provisions of law and if it doesn't work only remedy is to invoke senior citizen act and file a case. But most importantly it is expensive and time consuming affair. She will need yours and others support to get over the situation. Follow advice of learned experts who are very helpful.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     09 May 2024

Women's Helpline181

Children's Helpline1098

Andganwadi Helpline155209

Women's Protection Cell9059693448


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