Greetings Sir, I am (married daughter, not working) writing on behalf of my father. He is 64 years old, never employed, no pension. Dependent on my well established elder brother, lieves out of state. Last few years he has been mentally aboused by my mother and brother and he is currently staying with me. He has a small house on his name. My brother is forcing him to write the house to him and stopped paying amy maintainance to my father. Here are questions- 1. He is afraid going back home to be aboused again, how can he be assured to be safe at home? 2. How he can get minimum maintainance support from his son? 3. He doesn't have monitory support to bear the leagal expenses, is there any agency/NGO in West Bengal can help guide him? 4. Is there any Old Age home in Kolkata for assisted living? Thank you so much in advance for your generous advise.
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your father can file complaint before senior citizen tribunal and seek protection order against son
2) he can claim Rs 10,000 maintenance from son and also from you
3) you dont need lawyer to appear before senior citizen Tribunal
4) you can do google search for old age homes in Kolkata
Hello,
There are various old age home in Kolkatta, one of the best being Anand Ashram (http://anandaashram.co.in/). NGO can help him and he has a legal right to seek maintenance from his child by filing an application under section 125 of Cr.P.C.
If he is afraid that some physical harm will be caused to him then he can inform the local police and go to the home.
Therefore, you can contact any of the NGO who can help your father in Kolkatta.
Regards
Also the said NGO can file a complaint on behalf of your father under section 24 of Maintenance and Welfare of parents and senior citizens act, 2007 available at http://socialjustice.nic.in/writereaddata/UploadFile/Annexure-X[deleted].pdf
Regards
1. Harassing a senior citizen is a criminal offence. Ask your father to lodge an FIR. The guilty is liable to booked under section 24 of the Maintenance and Welfare of Parents and Senior Citizens Act.
2. File a case for monthly maintenance under section 125 CRPC.
3. This information can be given to you only by locals. perhaps contact volunteers of Helpage India.
4. This information is to be derived locally.
1) he can claim maintanance from his son by filing petition in court.2)if he is being tortured it's better not to send him back there..3) there are old age homes in Kolkata , you can enquire about it and leave him if he is ready and comfortable...
Hello,
1) He can file a complaint with the police locally against the son about the harassment. He being a senior citizen the police will take cognizance of the offence and take appropriate action.
2) Your father being a dependent without any income of his own can file a petition in the court seeking maintenance from his son who has sufficient means.
3) There is a legal Aid Cell attached to every court. If your father approaches the local court he will be guided to get an advocate free of cost for handling his case.
4) Here is a list of Old Age Home in Kolkata KOLKATA
Nabadiganta
29 Banerjeepara Road, Sarsuna, Kolkata-700061
Women Coordinating Council
5/1 Red Cross Place, Kolkata-700026
All Bengal Womens Union Home
89 Elliot Road, Kolkata-700016
Ramkrishna Satyanabda Ashram
46/2 Desh Bandhu Road, Kolkata-700032
Janasiksha Prochar Kendra
57-B, College Street, Kolkata-700073
1. He should lodge a police complaint alleging that he is being abused and unable to stay at his own house for which he needs immediate police protection.
2. He should thereafter file a maintenance application u/s125 of Cr.P.C, which will be heard quickly.
3. There free legal aid society but that won't help you in getting very efficient profession service.
4. There are several old age homes in Kolkata who takes adequate care of its boarders against payment.
1. If he anticipates troubles from is wife or son then he can file a bare injunction suit seeking to restrain them from interfering with his possession and enjoyment of the properties.
2. He can file a petition under section 125 cr.p.c. or under the provisions of maintenance to senior citizens act.
3. He can take free legal aid from the district legal services authority available in the court complex within his jurisdictions.
4. You have to look for one
Thank you Ajay Sethi, Anilesh Tewari, Vibhanshu Srivastava, Hemant Chaudhary, S J Mathew, Krishna Kishore Ganguly and T Kalaiselvan for your time and thought full advises. I have few follow up questions in same context - 1. My father is in the USA on visitor VISA and I would like to take care of him for 6 months until his VISA is valid. How can help report to local police station and submit maintenance application u/s125 of Cr.P.C before he returns back to Kolkata? 2. We learned that my brother/mother filled a 498a against my father. Is there any risk of deportation? I really appreciate your advise and look forward to hear from you soon.
1) your father can make online complaint with kolkata police
2)your father will have to personally file maintenance application under section 125 cr pc
3) no risk for deportation
4) your father should appear before local police station have his statement recorded .
5) apply for bail and contest the case
1. He will have to give such application personally.
2. That is wrong 498A can not be filed against you father. 498A reads as follow:
[498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]
It talks about harassment of women therefore, it can not be filed by the brother and police will usually not accept such complaint from your mother as they are together for a long period.
Regards
1. Both the police Complaint and 125 maintenance petition can be lodged only in his presence in Kolkata.
2. Any 498a case, filed if any, could be have done only at the behest of your mother or your sister in law. There's no automatic arrest in 498a cases. Deportation not likely.
1. Your father can send the police complaint either by email or by courier preferably by both the ways.
2. Maintenance application u/s125 of Cr.P.C. is to be filed before the Court and not before the Police which your father can do when he returnd.
3. serction 498A of IPC is for dowry harassment and at the age of 65 years, such complaint by your mother and adfult brother won't make any sense at all. If by chance the police registers FIR u/s498A of IPC which has remote chance, he should apply for and avail anticipatory bail from the Court.
4. He can also lodge police complaint u/s211 of IPC against his wife and son for lodging false complaint against him for causing damage to him.
Your father can submit online complaint to the concerned police station while staying in USA, but for inquiry he may have to attend in person.
However there is nothing wrong in lodging an online complaint and then request for a later date for appearing for inquiry in person once he gets back to India.
For maintenance case he has to be present before court for filing it or he may file it through his POA agent.
He can file maintenance case against all his sons.
The 498a, which is obviously an abuse of law in this situation, will not be maintainable, let him get back to India and then challenge the same with the help of his advocate.