• Arrogant and mentally &physically harassing son

Respected Sir
I have certain issues with my Younger son, who is 21 years Old.
Since last three years he has been very arrogant and mentally harassing both me and my husband.  Always demands money, shouting and abusing (verbally & physically) for small issues.
If we oppose, he abuses us verbally and even he has beaten me. Makes complete chaos.  We are very much tired of him.  Even twice he was taken to the police station by his father for this harassment. There they just made him understand and the same was settled. And they told us to settle it being family matter.
Now day by day the scenario is changing.  As soon as he enters home he demands with some or other things & harasses us with the purpose of forcing us to give him unwanted money. If opposes he abuses us like anything, sometimes destroys things or even comes to beat both of us.
The noise made is so terrific that entire building knows about it.   We both feel like committing suicide. We’ve had enough of his taunting, demoralizing & putting us down with the intention of causing mental torture.
We are thinking of shifting to some other house, without giving him the details and make some PG arrangement for him as he has not completed his studies.  But we are afraid; he may trace us out by coming to our office which he knows.
He is in his degree 2nd year so we don’t want to lodge a FIR against him; we want a legal protection from him to keep him in a safe distance, which can’t be provided by our local police …
Pl advice ……
Asked 2 years ago in Criminal Law from Mumbai, Maharashtra
File a complaint of such harassment to the illaqa magistrate seeking protection or to give direction to the police to provide your protection. If you don't want to file an FIR against your son, then there is no other way you could stop him. or either you could disown his from the property by making a Will and severing ties with him.

Your only way out would be to take police protection against such harassment.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Since you do not want to set in motion the criminal prosecution against him, i am not advising it for you.

I would rather advise you to lodge complaint with Senior Citizens Tribunal set up in every city and primarily looked after by the office of ADM/SDM.
This is not a criminal case and the Tribunal is likely to come down heavily on him for his torments committed so far.

Another option is to file civil suit for injunction so he can restrained to disturb your peaceful possession of the house and the property.
Devajyoti Barman
Advocate, Kolkata
5181 Answers
54 Consultations
4.9 on 5.0
1. You do not need to shift out to another place. You may take recourse to your legal remedies. 

2. You have the option to move Senior Citizens Tribunal, but my personal view is that the tribunal will not do anything except to admonish him, which may not give you the necessary protection. 

3. The advisable legal recourse in the given scenario is to move to the civil court and seek an injunction against your son to restrain him from entering your property and/or subjecting you to violence. This case will not be criminal in nature.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
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1. You can not act softly on your son and at the same time expect him to correct his behavior when he has probably started thinking that he can continue to act the way he is acting without being restrained,

2. Since he has already crossed the civil limit  while behaving with you, I feel that it is time you put down your feet,

3. Lodge a police complaint against him and  file an application before the Court praying for a order of injunction restraining your son to enter into your house,

4. Shifting your residence is postponing the evil days only.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
Dear Querist
File a domestic violence case against him and claim protection for both of you. the court may pass an order u/s 18 of D.V. Act and after that he will not make these type of activities, if repeat again then he may be go to jail for breach of protection order.

if you think that he is psychologically patient then admit him in good hospital and treated him with good doctors.
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
129 Consultations
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This is only a family matter better to settle it with close relatives and son. 
A good counseling can change his mind. 

But from your words the present situation you had lost the control over your son. Now he is 21 years old so better to lodge a police complaint against him for getting remedy to your grievances. Once you leave your control over him, so he think that he can get money if he made threats and harasses
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
your son need money and he knew that his demand will be meet by you at any cost. so you should try to realize him that in future you will not support you. you should publish in local news paper that you have disowned him but you should do this when you fully satisfied that he will commit any offence. keep eyes over out house activity and engase some other members of society for imposing social pressure on him.
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0

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