• Cousin threatened me and my father and used slang

My father went to my big father's house to meet my ill grandmother who is on bed. My cousin started to disrespect my father in high voice saying that we tired doing the service of ill grandmother. So Me and my mother also went there after hearing cousin's high voice...N I told my cousin that don't disrespect my father slow down ur voice. Then he started using slang to me and my father. He then started video recording on his mobile and wrongly said that you n your father came to attack me. Get out from my house. Then Outside the house He also threatened us to kill and used very abusive words to me and my father...He threatened me to break my leg if I will go to his house again (I need to go at his house to meet my ill grandmother). furthermore my cousin's mother once also made my grandmother fall down(I have audio recording of my grandmother saying the same)..How can I punish my cousin nd his mother legally
Asked 4 years ago in Criminal Law
Religion: Hindu

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23 Answers

You need to file police complaint in the said matter and do the needful 

Prashant Nayak
Advocate, Mumbai
32030 Answers
183 Consultations

4.1 on 5.0

When your aunty push your grand mother ?

You can complain to police but no punishment but can grand mother at your home to take care of her. 

Adn if you cannot take her at your home than no case. But can meet grand mother by assistance of police.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

1. File a police complaint against the cousin for intimidation and threat, the police after preliminary investigation may register an FIR against the cousin for intimidation abuse and threat. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

For senior citizens you can also file first information report or NC. The police comes to the residence also to file the complaint for senior citizens

Prashant Nayak
Advocate, Mumbai
32030 Answers
183 Consultations

4.1 on 5.0

Daughters presence not required. Go again tomorrow to take her. If any nuisance created by them, call the police and recite the grand mother recording to police and request them to protect you while taking grand mother with you.


Also file police complaint against them on the basis of audio recording.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

Sir in case grand mother is not treated properly then she may be bought to your place after informing police and local SDM so that there is no issue amid lockdown and also any issue related to complaint or cases.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can lodge a criminal complaint against him and his family members for criminal intimidation and threats. You may write down what has happened and let the police take action.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If your grandmother is ok with ie she consents to coming with you then there is no problem.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Your grand mother is at liberty to leave your cousin place and stay with you 

 

2) if she is forcibly detained against her wishes she can call police helpline for senior citizens for assistance 

 

3) if your cousin has threatened to assault you then you can file police complaint against him under section 504, 506 of IPC

 

4) record his threats 

Ajay Sethi
Advocate, Mumbai
94877 Answers
7568 Consultations

5.0 on 5.0

Your grand mother can leave her daughter house if she so desires 

Ajay Sethi
Advocate, Mumbai
94877 Answers
7568 Consultations

5.0 on 5.0

You can file a police complaint against your cousin for beating,abusing,

your grandmother, if she want, can file a complaint against your cousin and her mother for breaking her leg, beatings, sufferings,

You can file a civil suit to take them in your house since they are mal treated in the house if your cousin but her wish/statement will be the decisive factor,

 

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

1. Case is made out under Section 506 IPC against him as he threatened to kill you. File a complaint in the jurisdictional police station and get the FIR registered.

2. You are free to bring your grandmother to your house. If your cousins or her daughters do not let you bring your grandmother home then a writ of habeas corpus may be filed to seek her custody.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Sir,

You are suggested to file a complaint in the local police station and also serve a copy to SSP Office stating the incidents happened with you. Also, state in the complaint that the life of your grandmother is not safe in that house because she is not being looked after well and she is being ill treated there and hence she needs police protection while bringing her from their house to your house. Also take help of some locals ward commissioner/other people in bringing your mother. As per your application, the police is supposed to take action and file the case against him under section 107 Cr PC.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Look if you want to takecare of your grandmother than bring her to your home anyway.

File a police complaint against your cousin and his mother for endangering the life of your grandmother and threatening you to kill. 

Get a well drafted application written from any advocate and send it to the SP of your area via post.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Respected sir...

Your father went there as per his responsibility that is good the video made by you cusion doesn't exist in the law because as per your question in that video only words might exchange there nothing more ....if you want to punish him and his mother then first take your grandmother back to your home and make complaint by mean of her that will help you ...and provide Recording of your grand mother police will lodge FIR against both you can add there as me. And my father Stop them they started abusive words to both...

 

 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

You can give a complaint to the local police about this unruly behavior and also abuses with threats to your limbs by the said person.

The police may summon the person, inquire, may let him off with a warning to not to repeat the same in future.

Since this is just a petty matter and also a dispute within family, the police also may not insist much on registering the FIR.

But due to provocation of this act you cousin may indulge in more such notorious acts against you the dispute will develop.

The police may take action only if there are any serious quarrels or assaults, hence you decide what can be done on it, i.e., whether to proceed with this complaint or to ignore it and do not turn back to their home at all in future.

 

T Kalaiselvan
Advocate, Vellore
85078 Answers
2213 Consultations

5.0 on 5.0

If you have evidences that they are harassing and torturing your old aged grandmother and her life is at peril in their hands, then you can inform police about this and seek their protection to take your grandmother from their home for future care and custody.

 

T Kalaiselvan
Advocate, Vellore
85078 Answers
2213 Consultations

5.0 on 5.0

1. You can lodge FIR against your cousin for criminal intimidation and physical assault in you and your father. 

2. You can also lodge FIR against his mother for hurting your grandmother but in this statement of your grandmother will be very important as she is victim in this case. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You can take an action against your cousin for threatening under section 503 of iPC. He will punishable under section under section 506 of IPC.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

she can leave and she can come with you. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

- You should lodged your complaint against your cousin and his mother , after stating the facts in details , and thereby request to lodge an FIR for the offence of breach of trust , threatening etc., and a copy of the same should forward to the higher police official as well.

- If, no response, then file a complaint before the magistrate under section 200  read with section 156(3)of CrPc. 

- Further , they cannot confined your grand mother against her consent and wishes, and hence if they doing so, then you can also lodge your complaint on behalf her as well under the senior citizen Act. 

Mohammed Shahzad
Advocate, Delhi
13318 Answers
198 Consultations

5.0 on 5.0

It is your Grand Mother's (GM) wish to stay / leave your cousin's house and go with you.

If your GM is having any problem with them, she can take help of police i.e., she can lodge compliant against them.

Using the proofs / recordings which you have, you can lodge complaint against your cousin with police for abetment, intentional insult  and intimidate i.e., section 504 & 506 of IPC.

Yes you can take your GM with you to your house, if you apprehend any threat from your aunt, let there be witnesses when you take her and if possible you can video record the same for records.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you and your father and your mother have been subject to disrespect without having any fault of yours.
  2. I would like to apprise you that you should file a police complaint against him as who knows he might use that recording to file any false cases on you and your father.
  3. You should also disclose this fact about his ill treatment and making of false allegations in recording when you and your father wen to help grandmother.
  4. I would advice you to not to take her along with you without involving police along with you stating that she may get more ill or would go to heaven also, so it’s better to take her along with you.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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