• My brother who is mentally retarded is not being served food properly by his wife, how can i help

Hello Experts,
 My Brother who is mentally retarded was married in 1999, and all these 21 years we faced several issues with his wife and were able to handle the issues with out involving any legal process, now my brother's wife is not serving proper food to my brother and not allowing anyone to enter the house of my brother, my brother lost 10 kgs in the last one year, and I am worried that she is trying to kill him .can that women get away by telling that 
 " your brother is mentally retarded and he is not eating food when I serve and he died with out eating food"
 Both my Parents are not alive . How can I help him ? past 16 years they are staying in a separate house , I found that she is having affair with other person and may be the reason why she is trying to get rid of him since she needs properties she is doing this to kill him.
Asked 6 months ago in Family Law from United States
Religion: Hindu

1) file police complaint against his wife for attempting to kill your brother by not giving him proper food 


2) make an application in court for being appointed as his guardian 

Ajay Sethi
Advocate, Mumbai
67939 Answers
4102 Consultations

5.0 on 5.0

1. In this scenario you can file a petition under the Guardians and Wards Act in the court of Guardianship Judge with a prayer to be declared the guardian of your brother and seek his custody to be delivered to him.

2. The first thing you will have to prove is that he is mentally challenged and then that his wife has neglected him. 

Ashish Davessar
Advocate, Jaipur
26474 Answers
791 Consultations

5.0 on 5.0

1. Then first enter into his house and take custody of your brother.

2. take your brother to your home and get him medically treated. You have right to do so.

3. if you are physically restrained form doing so then lodge a complaint with the local police and then admit your brother in a  hospital so you can have some control over him.


Devajyoti Barman
Advocate, Kolkata
17936 Answers
253 Consultations

5.0 on 5.0

1) You must have solid proof against her when you're putting this type of allegations on her.


2) For day today life issues of your brother like handling him may not be controlled by her due to his body weight.


3) You need to find exact reason behind it why she is not feeding him properly.

Ganesh Kadam
Advocate, Pune
7911 Answers
67 Consultations

4.9 on 5.0

Marriage may be stressful for vulnerable people, which may lead to the development of mental health problems. Every person including the disabled has his life and liberty guaranteed under Article 21 of the Constitution.

You may approach civil court for appointing a guardian for mentally retarded person under the Guardians and Wards Act. Disabled persons have the right to be placed under guardianship appointed by the ‘Local Level Committees’ in accordance with the provisions of The national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999. The guardians so appointed will have the obligation to be responsible for the disabled person and their property and required to be accountable for the same.

The Mental Health Act, 1987 also provide mentally ill persons are entitled to be admitted, treated and cared in a psychiatric hospital or psychiatric nursing home or convalescent home established or maintained by the Government or any other person for the treatment and care of mentally ill persons other than the general hospitals or nursing homes of the Government. The same time the police have an obligation to take into protective custody a wandering or neglected mentally ill person, and inform his relative, and also have to produce such a person before the local magistrate for issue of reception orders.

So file a complaint before nearest police station.  

Ajay N S
Advocate, Ernakulam
3172 Answers
64 Consultations

5.0 on 5.0


  1. If you have reasonable doubts that she is indeed starving him, you must seek the help of police by lodging a complaint about the ill treatment meted out to him. 
  2. However,  you must be cautious as such a step might attract her ire and your brother who can't be taken away so easily may be in further difficulties. 
  3. You have also the option of approaching the court to get an order of protection against his wife on apprehension of harm/ torture. 

S J Mathew
Advocate, Mumbai
2466 Answers
110 Consultations

5.0 on 5.0

Dear Sir,

You can make issue out of it and lodge complaint with concerned NGOs and also lodge complaint with police as she is leading adulterous life and thus  try to teach her a lesson.  If your brother owns any property then sell the property create some endowment in his name and see that some amount of endowment is given to NGO on monthly basis and thus he will look after either by the NGO or his wife.

Netravathi Kalaskar
Advocate, Bengaluru
3487 Answers
17 Consultations

5.0 on 5.0

You can invoke Provisions of Mental health Act and assist him for the same. You can also file Complaint against the said persons in Police station also for the harrassment.

Prashant Nayak
Advocate, Mumbai
13645 Answers
23 Consultations

4.6 on 5.0

See you can file a police complaint and can take help of state human right commission because she can have her defences.

Or you can take guardianship of your brother and can take care of him.

Shubham Jhajharia
Advocate, Ahmedabad
20098 Answers
79 Consultations

5.0 on 5.0

File complaint at jurisdiction police station and file application in court for appoint as a guardian but before you have to collect strong evidence against your brother wife. 

Mohammed Mujeeb
Advocate, Hyderabad
10904 Answers
4 Consultations

4.5 on 5.0

The woman is obviously not interested in him if she is having an affair. She is staying with her husband for the money and property.

They must be living in India. A custody case must be filed by you in the district court for his safe custody and care in a  proper mental institution or in a house where he may be taken care of. You have to prove to the court that she is negligent to the point of being disinterested in her husband's welfare and is having an affair. 


Rahul Mishra
Advocate, Lucknow
4670 Answers
11 Consultations

5.0 on 5.0

You do not and should not wait till its too late to save your brother.

First and foremost, since you have mentioned that his wife is not allowing him to meet anyone, you can try seeking the help of the Police or some organisation to intervene in the matter and rescue him. If that fails, approach the Courts by filing a Writ of Habeas Corpus and saying that his wife has illegally detained him.  Show proofs of his drastic weight loss to support your claim.  

Once your brother is out,  approach Court on his behalf and file a Petition for Divorce on his behalf as "his next friend" on the ground of cruelty and adultery, if you have adequate proofs. 

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

1. You being his sister can lodge a police complaint alleging her attempts to kill your brother.


2. Legally, she has the right to claim inheritance of her husband's properties.


3. Your only chance to interfere is by alleging that he is being attempted to be killed by his wife for owning his properties being in collusive allaince with her paramour.

Krishna Kishore Ganguly
Advocate, Kolkata
22690 Answers
606 Consultations

5.0 on 5.0

If you suspect your sister in law to ill treat your mentally retarded brother, you may either take him with you by lodging a complaint with the police or by filing a petition before concerned court seeking his custody or to appoint you as his guardian as he is suffering lot of cruelties in the hands of his wife, but you should be able to prove all your allegations before court with substantial evidences.

Alternately, you can arrange to get him admitted to any mental asylum for this reason alone.

Your sister in law should not object to this hence you have to take steps with abundant caution because she may disrupt the whole process and the things will turn more worst. 

T Kalaiselvan
Advocate, Vellore
57630 Answers
724 Consultations

5.0 on 5.0


In this case you should file a police complaint and try to get the custody of your brother from his wife.

Mohit Kapoor
Advocate, Rohtak
4167 Answers
1 Consultation

5.0 on 5.0

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