• Abandonment of an elder

My wife is an Indian citizen but has lived outside of India since 2003. We reside in Canada and have a 3 year old son and she also works to help pay our expenses and thus is not able to stay with her 80 year old mother in Kolkata for her care. 

A fews years ago she had sponsored and bought her mother to reside with us in Canada in an attempt to have be allowed to reside in Canada on compassionate grounds. Unfortunately my mother in law refused and insisted on returning to Kolkata.  My wife coordinates her mother's care from Canada and speaks to her and the caregivers many times every week, She sends money on a regular basis for her mothers care and expenses. She has arranged and paid for the hospitalization of her mother through the caregivers. 

Unfortunately her mother has become paranoid and delusional, she throws out the caregivers so that new caregivers have to be found . My other inlaw woke up in the night and had visions of the landlord trying to break in and kill her on a few occasions.  Recently she filed a complaint with the police that the landlord is trying to murder her.

The police spoke with my wife and said that she must take care of her personally. However my wife has to remain in Canada where she can help earn for her mother and our family expenses. She is concerned that under Indian law that she may be held responsible for the abandonment of an elder. What should she do to make sure that she is not indited under the law.

My mother in law refuses to see a psychiatrist who can assess her and prescribe medications. She will not see a psychiatrist as she thinks its part of a plot to kill her. Are there legal remedies for this situation?
Asked 2 years ago in Family Law from Kolkata, West Bengal
Religion: Sikh
1. Your problem is really sans of easy solution.
2. You may however glad to know that as long as you or your wife send her money and take arrangements for her care and upkeep, neither of you are civilly or criminally liable if any untoward incident happens to your mother.
3. If your wife is really constrained to come and stay with her mother then thinking her proper nursing and upkeep in mind, sending her to a good old age home is better idea. There is no dearth of good old age home in or around Kolkata.
4. Do try to get a psychiatrist visit her home so he can assesses her ailments.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) since your wife is regularly sending her money and taking care of her medical bills your wife cannot be held responsible in case of any untoward incident 

2) your mother in law needs psychiatrist treatment . try to convince psychiatrist to visit her  home and examine her 

3) find out old age homes in kolkata wherein your mother in law can be admitted .
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
Nothing to worry so long she takes care of her mother-in-law monetarily and otherwise, she would not be held responsible for any unpleasant/untoward happening. She can be admitted to a good old age home where they could also manage to have services of medical and psychiatric.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. Such charges can not be brought by Police as I told you earlier. You are unnecessarily panicking on this issue.
2.Keep all the proofs of money and efforts made for her care and nursing.
3. May God make her see reason soon.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nothing left to add
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) the best way to prepare for any court case is to keep all evidence ready that your wife has not abandoned her mother . she must have remitted funds in her mother account . the bills paid for nursing staff all would come in handy . 

2) The involuntarily admission of a person requires no more than the application of a friend or family member to the court with two certificates from medical officers, only one of which needs to be a psychiatrist, stating that the person is mentally ill.
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
1. Under the given circumstances, neither you nor your wife can legally be indicted under Indian Law,

2. The problem you are facing is very common now a days where children stays abroad or  out of city & old aged and ailing parents refuse to stay with them.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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