• Forced confinement in mental asylum

Dear Sir

My mother was working with syndicate bank and got good money when she took VRS in Golden Handshake Scheme. She own a house and a shop in posh colony of vasant kunj. Added to that her father has willed her 1/3 share of a flat in a plotted house at shakti nagar which is in crores. 
My father has an extramarital affair and an illegitimate daughter. He is also in drug trade and has a lot of influence on doctors and pharmaceuticals.To grab all this and eliminate her he confined her in mental hospial twice. First at a private clinic.Following which she made the complaint at various authorities and her case was put up with Asha Menon for seperation. Before a concluding hearing she was again confined at IHBAS. Following which she lost her moral to fight. She was forcibily administered Depot injections for four years.

She finally left these injections and had filed a case in court. She is given acute mental provocations as my father is very notorious and influential. His mistress is residing closeby who is strong hold on RWA and hence on neighbors also. 

My uncles were greedy for the share in property which was given by my grandfather to her daughters. Since my mom was earning they didnt want to get her married and deliberately arranged this marriage.

The Doctors says she is diagnosed with paranoid schizophrenia.

My question is under which parameters of law we can put this crime. Also can under which parameters can we question the administering of depot injections which are given to sever mental patients. Is there any provision in narcotics or some drug Act.

Please Advice

Nidhi Aggarwal
Asked 1 year ago in Criminal Law from New Delhi, Delhi
Religion: Hindu
1. Your mother did not avail her legal remedies in the court when she was confined.

2. Your father and the doctors who conspired to confine your mother can be prosecuted for her unlawful confinement. This part, they can be sued for heavy compensation.

3. Your mother is the owner of 1/3rd share in the property of her father according to the will made by the latter. She should seek the probate of the will as without probate the will is nothing but a scrap paper with uncertainty of rights written all over it.

4. Your mother is also free to file for divorce. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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File a writ petition in high court so the investigation is handed over to crime branch on the basis of shoddy investigation made so far.
if he is confined forcefully in some mental asylum, you can file habeas corpus petition in high court.
You can file FIR on behalf of your mother.
Meet a good lawyer locally who will guide you properly.
it seems you have not bee given proper legal advice so far.
Feel free to get in touch if you feel my assistance in this matter.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
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1. You or any of her relatives could have gone to court on her behalf.

2. If the police has connived with your father then she can move the High Court to get her husband prosecuted.

3. When the High Court intervenes just see how the police will change its colour.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. First get her diagonosed about her ailment. It is very important to knw whether she is suffering from paranoid schizophrenia or not since paranoid schizophrenia is a serious ailment which is required to be trated and arrested first,

2. Get her diagonosed from a hospital like NIMHAMS, Bangalore wo has expertise in this field,

3. He is is not disgonosed having suffering from paranoid schizophrenia, then let her file a criminal complaint against your father for subjecting her to all these maltreatment in order to drive her medically insane,

4. She can file a divorce petion also on the ground of cruelty. 
 
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
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1. First get her diagonosed and treated by hospital having expertise in this field as advised in my earlier post,

2. If she is not suffering from paranoid schizophrenia, file a application u/s156(3) praying for a direction upon the npolice to investigate and act based on her complaint,

3. If she is found to be suffering from paranoid schizophrenia, get her treated first to arrest the effect of the said ailment,

4. If she is diagnosed not suffereing from paranoid schizophrenia, you can file a writ petition against police inaction also making the said doctors as parties,

5. In the above event, you can also lodge a complaint against those doctors before the Medical Council of India.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0

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