• To get an understanding regarding using senior citizen act

My wife hit my father with a Thick plastic chair in his forehead and he got scar and slight bleeding last year April 2018, also tortured my mother by blaming of having physical relationship with me. 
Now my question is for such tortures by my wife to my elderly parents can senior citizen act be used by my parents to teach her a lesson or is this act can only be used for Maintainance reasons, please guide me on this
My mother already filed a domestic violence against my wife, can my father file a senior citizen act for her tortures
Asked 6 years ago in Family Law
Religion: Hindu

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10 Answers

Yes, your father can file complaints under senior citizenship act in the nearest police station.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Your father can file complaint against daughter in law before senior citizen tribunal seek orders to direct daughter in law to vacate portion of house in her possession on account of her abusive  behaviour 

 

2) I presume house is owned by your father 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

- Yes, your father should lodge his complaint with the police /DM , under the senior citizenship Act, for the offence of harassment , mental torture and also for attack on him. 

- Further , your parents has their right to file a criminal defamation case against your wife for the said defamed and shamed blamings.   

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

See since your wife has physically assaulted your father for same your father can file FIR under Indian Penal code for beating and harassment that shall be better remedy instead of going for senior citizen. Complaint.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The senior citizens act will protect their pecuniary interests only, for such violent incidents they have remedy through criminal laws by lodging a criminal complaint with the local police 

But what were they doing for more than one and half years without taking any action till this date on the said incident?

Their complaint may not be entertained properly since it is given after a very long gap from the date of incident to the date of  complaint.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Her above physical assault to FIL act and maligning mother in law sufficient ground to obtain diovrce. And after 60 years of age, any citizen can take aid of senior citizen act. If house belongs to them, DIL can be evicted from the house.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1) To file a police complaint against the Daughter in law with appropriate police authorities.

2)the father in law can file an application with the Tehsildar under the Maintenance and welfare of Parents and Senior Citizens Act, 2007 seeking protections from the atrocities of the daughter in law.

3) Pls check possibility of filing complaint under the Domestic Violence Act. 

4) he can file a civil suit seeking injunction against daugher in law in respect of your property.

5) he can directly file a writ petition to the High Court if the police authorities do not co-operate with you.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

He can lodge FIR against her to teach her lesson. 

He can also file eviction suit against her under senior citizen act on ground of physical torture. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

Now the problems of Senior citizens can be resolved immediately under the latest Act i.e. Senior Citizens Act.  You please contact any of the local advocate and ask him to file necessary application before Sub Divisional Magistrate(SDO) seeking an injunction order against them   Few FAQ's are as follows:

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

The Maintenance and Welfare of Parents and Senior Citizens Act 2007

 

 

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 life and property of senior citizens.

 

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Yes he can file case under senior citizen Act against them

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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