• Domestic violence

I am a senior citizen aged 62 years, am married for the last 32 years a retired ENT surgeon and was working in the Gulf for the last 28 years. i have 3 children one son 30 years a canadian nationality and 2 daughters aged 25 and 27 years ,staying with my wife. my daughters have fallen into bad company and have vices like smoking hukka and staying out of house for days together and when reprimanded they become abusive and tell me to mind my business as they have grown up.
 My wife has filed a Domestic violence case against me in the Pune Cantonment Court and the court has passed a exparte order restraining me from dispossesing or disturbing the possessions of my wife from the shared household that is my Row House. They have somehow tried to impress on the judge that my younger daughter is getting married and all the ornaments and clothes are in the Row house and they have no place to stay.
I have given a separate well furnished 2 bedroom flat to my wife and secondly,she is getting 1 lakh INR rental from my Dubai flat which she has transferred in her name . I have given my wife and children all the best i could to the best of my ability. We somoto appeared before the court and gave all details of the flat given by me and the rent documents about the rent received by her and the also all the investments and mutual funds in the wife"s name. The court has passed an order giving notice to my wife and asking them to give her say on all the documents and proofs given by me.
My wife and children have always been very abusive, violent, ill=mannered , disrespectful towards to me.
Approximately 2 monhts back i lodged a Police complaint to the Police Commissioner of Pune and the P I Kondwa , Pune for locking the Row House from inside and not allowing me to enter inside.
When the Police opened the door , my daughter broke my eyeglasses and assaulted me in front of the police officers and this was factually reported by the Pune Times Mirror Newspaper.
Police did investigation that all allegations against me and the Police,which were made by my wife and daughters are false..
My QUESTION:
Can I restrain my wife and children from entering my Row House?
If they enter, they will lodge false complaints against me and try to throw me out of my Row House, what should i do now?
Asked 4 years ago in Family Law
Religion: Muslim

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10 Answers

1. Yes you can, for that you will have to file an application for setting aside the ex parte order.

2. File a NC in the police station and if they use force then lodge a complaint under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows:

Can I restrain my wife and children from entering my Row House?

Ans: Since you have already given sufficient properties to your wife and children as such the court may consider and vacate order passed against you. If not vacated such order and not given exclusive possession of such property to you then approach High Court.

If they enter, they will lodge false complaints against me and try to throw me out of my Row House, what should i do now?

Ans: Just approach High Court and it will believe police report and give necessary protection to you. You may take benefits of following law by filing complaint before SDO.

http://socialjustice.nic.in/UserView/PrintUserView?mid=52569

The Maintenance and Welfare of Parents and Senior Citizens Act 2007

What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007?

Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage.

The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.

What is the applicability of the Act?

Ans. The Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India (Section 1(2)).

When will the Act come into force in the States?

Ans. The Act come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint (Section 1(3)).

What is the definition of Child/children under the Act?

Ans. The Act defines "children" as son, daughter, grandson and granddaughter who are not minor.

What is the definition of Maintenance under the Act?

Ans. The "Maintenance" includes provision for food, clothing, residence and medical attendance and treatment.

What is the definition of a Senior Citizen under the Act?

Ans. A "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above.

Who are eligible for claiming maintenance under the provisions of the Act?

Ans. The Act provides that a senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application for claiming maintenance.

Whether a person other the claimant can file application on his/her behalf?

Ans. An application for maintenance may be made:-

a. by a senior citizen or a parent, as the case may be; or

b. if he is incapable, by any other person or organization authorized by him; or

c. the Tribunal may take cognizance suo motu.

Whether there is any provision for the Tribunal to order subsistence allowance to the claimant during the proceedings?

Ans. The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this section, order such children or relative to make a monthly allowance for the interim maintenance of such senior citizen including parent and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct.

What is the time limit for disposing an application for claiming maintenance?

Ans. An application filed under subsection (2) of Section 5 for the monthly allowance for the maintenance and expenses for proceeding shall be disposed of within ninety days from the date of the service of notice of the application to such person. However, the Tribunal may extend the said period, once for a maximum period of thirty days in exceptional circumstances for reasons to be recorded in writing.

What is the monitoring mechanism for implementation of the Act by the States?

Ans. The Act has been enacted in pursuance of the provisions of Article 41 read with Entry 23 of the Concurrent List (Schedule VII) of the Constitution of India. State Governments are required to notify the Act and frame Rules for implementing the provisions of the Act. However, Section 30 of the Act enables the Central Government to give directions to State Governments for carrying into execution of the provisions of the Act. Further, Section 31 of the Act provides for periodic review and monitoring of the progress of implementation of the Act by the State Governments. The Ministry will act in accordance with these provisions to ensure effective implementation of the provisions of the Act by the States.

Has any timeframe has been prescribed for setting up of Tribunals by the States?

Ans. The State Government are required to constitute for each Subdivision one or more Tribunals as per the need within a period of six months from the date of the commencement of this Act.

What is the effect of the order of maintenance?

Ans. A maintenance order made under this Act shall have the same force and effect as an order passed under Chapter IX of the Code of Criminal Procedure, 1973 and shall be executed in the manner prescribed for the execution of such order by that Code.

Who can appeal to the appellate Authority under the Act?

Ans. Any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal.

What is the time limit for an appellate authority to dispose of the appeal?

Ans. The Appellate Tribunal is required to make endeavours to pronounce its order in writing within one month of the receipt of an appeal.

Is there any penal provision for enforcement of maintenance order of the Tribunal?

Ans. Yes, the Maintenance Order given by the Tribunal will have the same effect as the maintenance order passed under Section 125 of Cr. PC. This will include imprisonment upto One month and also issue a warrant for levying the amount due in the manner provided for levying fines.

What are the provisions about revocation of will?

Ans. As per the provision of Act, a senior citizen can seek to revoke any property, which has been transferred in favour of children/relative on the condition that such children/relative would provide maintenance to him but are not providing the same. The tribunals are empowered to declare such transfers as void on the applications of such parent.

Is any penalty/imprisonment is for the children who abandon their parents?

Ans. Yes, the Maintenance and Welfare of Parents and Senior Citizens Act 2007 contains penal provisions to discourage abandonment of parents by their children by imprisonment for a term of 3 months and a fine upto Rs. 5000/or both on the children.

What are the similarities between Cr. PC 125 and the Maintenance and Welfare of Parents and Senior Citizens Act 2007?

Ans. A parent can claim maintenance in the prescribed manner either from the Court under Cr. PC 125 or from the Tribunal set up under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, if he or she is unable to maintain himself or herself. The penal provisions for enforcement of orders of maintenance under Cr.PC /Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 are similar.

What are the provisions for medical care of senior citizens provided in the Act?

Ans. The Act provides that State Government shall ensure that, the Government hospitals or hospitals funded fully or partially by the Government shall provide beds for all senior citizens as far as possible; separate queues be arranged for senior citizens; facility for treatment of chronic, terminal and degenerative diseases is expanded for senior citizens; research activities for chronic elderly diseases and ageing is expanded; there are earmarked facilities for geriatric patients in every district hospital duly headed by a medical officer with experience in geriatric care.

What are the provisions for protection of life and property of senior citizen provided in the Act?

Ans. The Act requires the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act. Further, the State Government shall prescribe a comprehensive action plan for providing protection of lifeand property of senior citizens.

What are the provisions for prevention of abandonment of senior citizen provided in the Act?

Ans. The Act provides that whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both.

What is the monitoring mechanism for implementation of the provisions of the Act by the States?

Ans. The Central Government may make periodic review and monitor the progress of the implementation of the provisions of this Act by the State Governments.

National Policy on Older Persons

What are the salient features of National Policy on Older Persons?

Ans. The Government has formulated the National Policy on Older Persons, which was announced in the year 1999 covering all aspects concerning older persons. The salient features of the National Policy are as under:

DEAR MADAM,

You may take shelter under the following Act which has empowered the officers to adopt summary procedure and extend all comforts to you.

=========================================================================================

http://socialjustice.nic.in/UserView/PrintUserView?mid=52569

The Maintenance and Welfare of Parents and Senior Citizens Act 2007

What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007?

Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage.

The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.

What is the applicability of the Act?

Ans. The Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India (Section 1(2)).

When will the Act come into force in the States?

Ans. The Act come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint (Section 1(3)).

What is the definition of Child/children under the Act?

Ans. The Act defines "children" as son, daughter, grandson and granddaughter who are not minor.

What is the definition of Maintenance under the Act?

Ans. The "Maintenance" includes provision for food, clothing, residence and medical attendance and treatment.

What is the definition of a Senior Citizen under the Act?

Ans. A "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above.

Who are eligible for claiming maintenance under the provisions of the Act?

Ans. The Act provides that a senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application for claiming maintenance.

Whether a person other the claimant can file application on his/her behalf?

Ans. An application for maintenance may be made:-

a. by a senior citizen or a parent, as the case may be; or

b. if he is incapable, by any other person or organization authorized by him; or

c. the Tribunal may take cognizance suo motu.

Whether there is any provision for the Tribunal to order subsistence allowance to the claimant during the proceedings?

Ans. The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this section, order such children or relative to make a monthly allowance for the interim maintenance of such senior citizen including parent and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct.

What is the time limit for disposing an application for claiming maintenance?

Ans. An application filed under subsection (2) of Section 5 for the monthly allowance for the maintenance and expenses for proceeding shall be disposed of within ninety days from the date of the service of notice of the application to such person. However, the Tribunal may extend the said period, once for a maximum period of thirty days in exceptional circumstances for reasons to be recorded in writing.

What is the monitoring mechanism for implementation of the Act by the States?

Ans. The Act has been enacted in pursuance of the provisions of Article 41 read with Entry 23 of the Concurrent List (Schedule VII) of the Constitution of India. State Governments are required to notify the Act and frame Rules for implementing the provisions of the Act. However, Section 30 of the Act enables the Central Government to give directions to State Governments for carrying into execution of the provisions of the Act. Further, Section 31 of the Act provides for periodic review and monitoring of the progress of implementation of the Act by the State Governments. The Ministry will act in accordance with these provisions to ensure effective implementation of the provisions of the Act by the States.

Has any timeframe has been prescribed for setting up of Tribunals by the States?

Ans. The State Government are required to constitute for each Subdivision one or more Tribunals as per the need within a period of six months from the date of the commencement of this Act.

What is the effect of the order of maintenance?

Ans. A maintenance order made under this Act shall have the same force and effect as an order passed under Chapter IX of the Code of Criminal Procedure, 1973 and shall be executed in the manner prescribed for the execution of such order by that Code.

Who can appeal to the appellate Authority under the Act?

Ans. Any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal.

What is the time limit for an appellate authority to dispose of the appeal?

Ans. The Appellate Tribunal is required to make endeavours to pronounce its order in writing within one month of the receipt of an appeal.

Is there any penal provision for enforcement of maintenance order of the Tribunal?

Ans. Yes, the Maintenance Order given by the Tribunal will have the same effect as the maintenance order passed under Section 125 of Cr. PC. This will include imprisonment upto One month and also issue a warrant for levying the amount due in the manner provided for levying fines.

What are the provisions about revocation of will?

Ans. As per the provision of Act, a senior citizen can seek to revoke any property, which has been transferred in favour of children/relative on the condition that such children/relative would provide maintenance to him but are not providing the same. The tribunals are empowered to declare such transfers as void on the applications of such parent.

Is any penalty/imprisonment is for the children who abandon their parents?

Ans. Yes, the Maintenance and Welfare of Parents and Senior Citizens Act 2007 contains penal provisions to discourage abandonment of parents by their children by imprisonment for a term of 3 months and a fine upto Rs. 5000/or both on the children.

What are the similarities between Cr. PC 125 and the Maintenance and Welfare of Parents and Senior Citizens Act 2007?

Ans. A parent can claim maintenance in the prescribed manner either from the Court under Cr. PC 125 or from the Tribunal set up under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, if he or she is unable to maintain himself or herself. The penal provisions for enforcement of orders of maintenance under Cr.PC /Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 are similar.

What are the provisions for medical care of senior citizens provided in the Act?

Ans. The Act provides that State Government shall ensure that, the Government hospitals or hospitals funded fully or partially by the Government shall provide beds for all senior citizens as far as possible; separate queues be arranged for senior citizens; facility for treatment of chronic, terminal and degenerative diseases is expanded for senior citizens; research activities for chronic elderly diseases and ageing is expanded; there are earmarked facilities for geriatric patients in every district hospital duly headed by a medical officer with experience in geriatric care.

What are the provisions for protection of life and property of senior citizen provided in the Act?

Ans. The Act requires the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act. Further, the State Government shall prescribe a comprehensive action plan for providing protection of lifeand property of senior citizens.

What are the provisions for prevention of abandonment of senior citizen provided in the Act?

Ans. The Act provides that whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both.

What is the monitoring mechanism for implementation of the provisions of the Act by the States?

Ans. The Central Government may make periodic review and monitor the progress of the implementation of the provisions of this Act by the State Governments.

National Policy on Older Persons

What are the salient features of National Policy on Older Persons?

Ans. The Government has formulated the National Policy on Older Persons, which was announced in the year 1999 covering all aspects concerning older persons. The salient features of the National Policy are as under:

=================================================================================

YOU MAY PLEASE CALL THE FOLLOWING OFFICE FOR MORE DETAILS

==================================================================================

Senior Citizens Council of Delhi

Dedicated to the service of senior citizens, to enable them

to live an independent life of respect, autonomy and dignity.

Senior Citizens Council of Delhi is a registered body since 2007, representing senior citizens all over Delhi duly associated with the Ministry of Social Justice & Empowerment, Govt of India, Social Welfare Department of Delhi Govt, I.C.C.R and Senior Citizens Cell of Delhi Police.

=========================================================================================

Senior Citizens Council

B-2/73-B

Safdarjung Enclave

New Delhi

110029

India

Phone: +[deleted]

NINE EIGHT ONE ZERO FOUR EITHT EIGHT ZERO FIVE NINE

Email:[deleted]

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1) you can obtain court orders restraining your wife and daughters from entering your row house

2) mention she already has flat in her name in Pune and also getting rentals of Rs one lakh per month

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Sir file a complaint against the children's in the Senior citizen welfare and maintenance act and they can be restrained from entering the house .

Sir you van take injunction order against them.permanently from the civil court also so they are restrained from entering your property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Wife has no right of share in the property owned by husband though she has right of residence in the property owned or taken on rent by him.

So if this row house is owned by you then you can not stop her from entering into your house nor the court will come in your aid on this issue.

Though you can psychically restrain from entering into your house , your wife can seek residence order in a case filed under PWDV Act.

So persuade your wife not to come to your house and resolve the dispute amicably.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. If your wife is the co-owner of the said row house, then it will be legally difficut for you to get an order restraining the entry of your wife in to the said house.

2. You can lodge a polce complaint now alleging that your wife has trheatned you yo lodge false police complaint against you to harass you.

3. If she lodges any false police complaint, you shall have to deal wirth the same accordingly as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

You may move a petition in the High Court against your wife and daughters with the facts for the direction of the High Court in case High Court directs your wife and daughter not to stay in your row house and they have to stay in the flat provided for this purpose this may solve your problem the police may not be very effective without the court directions

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Since you have already given sufficient properties to your wife and children as such the court may consider and vacate order passed against you. If not vacated such order and not given exclusive possession of such property to you then approach High Court.

File a NC in the police station and if they use force then lodge a complaint under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

Yes Sir, I have read your case in the Newspaper and it was shown on TV also that in a doctor was through out of house.

You can take help of oldage law which will help you to fit against them and they can't through yout out of house.

Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Protection of life and property of Senior citizen

If a senior citizen after the commencement of this Act, has transferred his property either moveable or immovable, by way of gift or otherwise, subject to the condition that the transferee shall provide him basic amenities and physical needs and thereafter such transferee reuses or fails to provide such promise, such transfer of property shall be deemed to have been made by fraud, coercion or undue influence and the Tribunal can declare such transfer as void.[18] Before the enactment of this law, a senior citizen's only remedy in such a case was to approach the court for maintenance from the children to whom he had given the property by way of gift or otherwise and such property would be the exclusive property of the transferee and the senior citizen had no right in such property. But after the enactment of this Act, a senior citizen can reclaim his property from the transferee.[19] The concerned police personnel will also ensure priority in dealing with these types of cases.[20] Representation by lawyers are prohibited under section 17 of this Act. However the Hon'ble Kerala High Court held that legal practitioners also could represent cases under this Act.[21]

Abandoning a senior citizen in any place by a person who is having the care or protection of such senior citizen is a criminal offence and such person shall be punishable with imprisonment for a term which may extend to three months or fine which may extend to five thousand rupees or both.[22]

This Act also provides that state governments may establish old age homes at least one in one district to accommodate indigent senior citizens. State governments may also ensure proper medical care for senior citizens.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Since the property is on your name you can file a permanent injunction suit restraining them from interfering in your possession and enjoyment and an interim injunction on the same lines till the disposal of this suit.

You can file a divorce case on the grounds of cruelty and also till then you may arrange an alternative accommodation to your wife and unmarried daughters.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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