• Drunkard brother disturbing sibling and Mother

Brother aged 47, who is married for 25 years and have two adult kids and was living in wifes house, wife applied for divorce and sent him out of house. divorce is not granted,as wife family doesn't have an address to sent the notice. Being drunkard, he is currently disturbing 70 year old mother and brother and asking them to look after him. There is no ancestral property and mother is living with one of the son. Is it possible to get court order to prevent the person not to disturb mother.
Asked 3 months ago in Family Law from KOCHI, Kerala
Religion: Hindu

Yes, the owner of the house i.e., the brother of this drunkard brother can very well file an injunction suit to restrain him from interfering in his possession and enjoyment of the property and also he can lodge a criminal trespass case against him if he is still disturbing and torturing them.

 

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

Yes for senior citizen, every state has Senior Citizen maintenance and protection Act where a complaint can be made by the senior citizen before the Magistrate or DC depending upon prescribed authority under the State Rules for protecting their life and liberty at the hands of the children or relative. 

 

Furthermore as regards the court order, the person who owns the house can also file a case of trespass against the brother disturbing. Simultaneously the brother can file an injunction suit seeking restraint orders too. 

Shaveta Sanghi
Advocate, CHANDIGARH
903 Answers
105 Consultations

5.0 on 5.0

Yes. A criminal complaint must be filed against him before the police. If the police does not respond then file a complaint before the magistrate. He will direct the police to arrest him and present him before the magistrate.

He will be sent to jail.

Rahul Mishra
Advocate, Lucknow
8034 Answers
15 Consultations

5.0 on 5.0

the mother can file a civil suit to restrain him from entering the residential premises where she is living and not to create any nuisance in her peaceful living

Suneel Moudgil
Advocate, Haryana
2076 Answers
3 Consultations

4.7 on 5.0

Mother can file complaint before senior  citizen tribunal seek court orders restraining son from contacting her in any manner 

Ajay Sethi
Advocate, Mumbai
74625 Answers
4464 Consultations

5.0 on 5.0

You have to approach to the police station so that police can take appropriate action and warn him not to disturb anybody increase there is no no action by the police in this regard then you can approach to the high court mandamus writ petition for not taking action by the police to get direction for the police in this regard from the high court

Vimlesh Prasad Mishra
Advocate, Lucknow
6380 Answers
20 Consultations

4.9 on 5.0

1. Mother may file a DV case under Section 12 of DV Act to seek protection order against her son from the magistrate.

2. If mother is the owner of house then she can also evict her son under DV Act.

Ashish Davessar
Advocate, Jaipur
28733 Answers
836 Consultations

5.0 on 5.0

Yes mother can file police complaint and other son on whose property mother is staying can take injunction order from court against him.

Shubham Jhajharia
Advocate, Ahmedabad
24365 Answers
96 Consultations

5.0 on 5.0

1. Yes, your mother can file civil suit to injunction this son from disturbing her peaceful living.

2. She can file case under PWDV Act as well to obtain restraint order from court which can be implement through the local Police Station as well.

3. However in this trying times you may try to rehabilitate him with medical and psychological assistance. 

Devajyoti Barman
Advocate, Kolkata
19618 Answers
278 Consultations

5.0 on 5.0

What is the need of court order. Complain to police. Brother has no right to enter in your house or to look after him. Police will prohibit him and still he trespass. Will arrest him.

Yogendra Singh Rajawat
Advocate, Jaipur
18590 Answers
22 Consultations

4.6 on 5.0

Mother can file complaint against him for causing nuisance against your brother.

She can also file case before Senior Citizen Tribunal for the disturbance caused by him.

She can also lodge complaint for trespassing into premises and disturbing against said brother.

S Srinivasa Prasad
Advocate, Hyderabad
1946 Answers
7 Consultations

5.0 on 5.0

Dear Sir,

You may give a complaint against your elder brother if the police has not taken any action you sent a registered complaint against your elder brother through registered post after that you file complaint before the consent Judicial Magistrate Court under section 156(3) Cr.P.C the court forward your complaint than the police file FIR against your brother and investigated the fact if matter is true the police file charge Sheet

Netravathi Kalaskar
Advocate, Bangalore
4953 Answers
25 Consultations

4.8 on 5.0

1. Yes your mother can file case agains her son under senior citizen act for restricting son to enter in her house. 

2. She can also lodge complaint with police that her son is harassing her for money

3. and suit should be file before senior citizen tribunal.

Mohit Kapoor
Advocate, Rohtak
8007 Answers
2 Consultations

5.0 on 5.0

Yes she can file a complaint under domestic violence Act or senior citizens Act and retrain him from doing all that

Prashant Nayak
Advocate, Mumbai
18708 Answers
34 Consultations

4.6 on 5.0

Mother can file restraining order or protective order is an order used by a court to protect a person.

Mohammed Mujeeb
Advocate, Hyderabad
15613 Answers
7 Consultations

4.5 on 5.0

You mother can make complaint under senior citizenship act and prevent from his disturbances on daily basis.

Ganesh Kadam
Advocate, Pune
9724 Answers
80 Consultations

4.9 on 5.0

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