• My Father Harassing My Mother & US

I am basically from West Bengal, Kolkata but for my job purposes I live in Bengaluru since 2013 April. My Mother a housewife for her entire life (aged 57yr) and father recently retired (aged 68yr) lives in my parental house with my elder brother (working in a private farm) and his wife (housewife). Every month I used to send money (amount ~13000/10000) to my mother for her medical treatment and for the family expenditures. I used to send money to my elder brother and he used to withdraw the money and hand it over to my mother. My father never gave money to my mother post his retirement. Even for her to visit a doctor or to purchase medicine, my mother has to pay, no one in the house will bear much responsibilities. My father and my elder brother's wife always used to harass my mother for that money only, that I used to send her. My mother is a patient of High sugar, High pressure, sleeping disorders and in recent past she also suffered a Cerebral Stroke. Regularly she used to take medicines. My father and my mother started to use separate room and locker for their day to day use and activity, and that is also to help my elder brother's wife. My mother allowed my elder brother's wife to sleep with her because she was pregnant.
Now recently (month of January) a set of key for of my mother's locker went missing. She used to keep all her money and jewelry and little savings in that locker. Basically the money I used to send her was kept in that locker.
My sister and her husband came home to search for key but didn't find. My elder brother, his wife and my father was reluctant to find the key. Without money my mother was not able to purchase medicine, since no one will buy her those medicine if my mother doesn't give them money. Hence one day my sister and her husband went to the house with my mother's request and called some person to break the lock and to get a new set of key.
With this incident my father got angry not sure why? He had unnecessary bad arguments with my sister's husband. Later my father went to police and get my sister's husband arrested. That day with the help of locals Councilor my mother get him released from Police Station.
My Sister and her husband are afraid of going to our house to help my mother anymore.
Recently (25/03/2017) myself and My wife (4month pregnant) went to our house to talk to my father and get the matter settled. But my father got angry on me too. I asked him to give few furniture to my mother and her little belongings to her so that she can stay separately. But he was not quite happy with that proposal and told me and my wife many bad words. This happened on 25/03/2017 & 26/03/2017. We talk to the local councilor too, but he also told that my father is little annoyed with him and also and my father is a supporter of the same Political party hence he can't help much.
On 27/03/2017, the next day morning my father logged a complaint to local PS called police saying my wife and I have fought with him, broken staffs in the house and lot more. On the contrary my wife was staying with her parents from the first day (25/03/2017) afternoon and I went to visit my in-laws on 26/03/2017 evening and didn’t not return home until next day. Police went the place didn't find any trace of problem and went back (this was according to the police statement, that they shared with me later). On the same day police called my father and my mother and talked to both of them to settle the matter but it didn't settle. That day evening I & my wife went to home to collect our staffs since we both have to take morning flight on 29/03/2017. But my father didn't allow us to enter the premises and asked us to go to police station. We both went to PS, and after waiting for 2-3hrs, they took a GD and asked us to get a court order so that they can take action. 
We didn't have much time to take court order, we went to talk to local MLA and Senior Police Office, and with their help we collected our most important and valuable staffs from that house and my wife gave a written to my father that, she had collected all her important valuable belongings from that house and she will not further claim anything. One copy of that written is kept with PS, one copy with my father and one copy with us. The day we went to collect the staffs my father again falsely blamed in front of police that we have already collected everything but thanks to my elder brother, who was present there and confirmed  in front of the police that we didn't take anything. Then my father allowed us to enter the house. But I was surprised, that police was thoroughly supporting my father, even after his lie was caught in front of everyone.
I have come back to Bangalore leaving my mother alone to fight her battle. My mother is fighting alone, whoever is going close to her to help her (like my sister & his husband or like myself & my wife), my father is falsely harassing them with the help of local police. And one major part is Police is also silent about him and they are mentioning that he is a senior citizen, hence they can't take strong action. But my suspect is beyond that, I know that he is a senior citizen but that is can’t be the only reason that local police is helping him and not taking any action on his wrong doings.
My question is as a senior citizen, can he harass me anymore? He has thrown me out of the house with all my staffs. Now I am taking care of my mother's financial side (while she is staying with my maternal auntie/uncle) and also my own little family (expected to grow big soon). My wife is working women and she is also taking care of her elderly parents. 
We are living in fear that my father will attract law in his side since he is a senior citizen and can harass us in different way and claim money from us. And that is only because we are in support of our mother's right. I have always taken care of my mother and I will do for rest of my life.
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

1)your mother should file complaint under DV act and seek protection order against your father

2) also seek alternative accommodation , maintenance from your father

3) your mother can also file application under section 125 Cr pc and seek maintenance from her husband

4)as far as you are concerned dont talk to your father .

5) if your father is unable to maintain himself then only can he seek maintenance from you

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. It is very unfortunate that your family has been divided in to two factions i.e. your mother, you, your wife and sister and also your brother in law and on the other side is your father, your brother and his wife.

2.Your mother has the living right at the place where your father is residing and also can claim for her maintenance depending on the earning of your father.

3. However, your mother can not claim share of the house during the lifetime of your father.

4. Your father is within his right to disallow your entry in to his house.

5. Both your father and mother can claim maintenance from you and yiour elder brother which ou shall have to pay.

6. Explore the possibility of shifting your mother to Bangalore to stay with you for some time as a change and see whether your father regrets his act or not.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Your mother can file a case under DV Act to seek protection order against her husband. If the magistrate passes an order of protection, and it is violated by your father, he can be imprisoned on the solitary testimony of your mother.

2. Your mother can also seek alternate accommodation at her husband's expense. This apart, she can also claim maintenance from her husband.

3. Your father will not get any privileges in the court on account of being a senior citizen.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Being a senior citizen, your father is not empowered with any authority to harass everyone who us not supporting his views or acts.

If the local police is not cooperating then you may aproach the higher police officer with a similar complaint and even if the higher police office is not cooperating then you may approach the judicial magistrate court with an application under section 156(3) cr.p.c. seeking relief and remedy for your mother and her grievances including all the cruel acts done by your father against her.

Besides she can file a domestic violence against him

You can take her out of that house and put her up in separate residence on rent so that she is not disturbed by your father or brother.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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