• Mental and physical harassment by my mother

Hi, my mother and my sister is taking all my grand mothers pension and treating her badly by not even giving food. they also demand money from me for their monthly expense and verbally abusing me all the time. i can not able to take it any further. please let me know is there any way to get restraining order to prevent my mother taking my granmothers pension and stop asking money from me.

5 years ago my mother throw my grandmother out of the house and i put her in old age home as a temporary stay and i was begging my mother to bring her back and she refused. I stopped paying my home rent and she brought her back to my home and she will fight with her every day and abuse her to leave the house once i paid rent. I could not able to check on my grand mother every day so i send money to my grandmothers account and she could not able to throw her out again. I filed complain to nearest police station about my mother that she is abusing and ruining my sisters life. But my mother played victim there and told i took all her money and ran away and i m refusing to pay rent and dropped my case mentioning its false complaint. 

She dont want me to get married and i escaped her but my sister is stuck and she was brainwashed and did not married yet after 30 years. My sister is mca graduate but she and my mother not going to job and acting sick all time. 

I dont want her in my life and i dont want to pay her any money. she should not visit my grandmother. I dont know what i should do to prevent my mother from torturing and stealing money from us. Please let me know the legal help i can get.
Asked 2 years ago in Family Law
Religion: Hindu

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9 Answers

Who is the owner of house wherein your grand mother is staying 

 

2if it is your grand mother house file application before senior citizen tribunal and seek orders to direct mother and sister to vacate the house 

 

3) if your grand mother is not owner she can file application before magistrate under DV act and seek protection order , right to stay in the house wherein she is residing and compensation for mental torture undergone by her 

 

4) in alternative put your grand mother in senior citizen home wherein she would be well looked after in her old age 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

- You can file a complaint on behalf of your grandmother under the provision of Senior Citizens Act, to restrain them from taking her money and making her life a hell 

- Further, if your grandmother is the owner of the property , then she can evict your mother and sister from her house after filing a compliant before the same senior citizens Act, and also under the provision of Domestic Violence Act. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

Dear Client,

 

Report Elder Abuse: If you believe your grandmother is being mistreated, neglected, or financially exploited, you should report it to the relevant authorities. In many countries, there are agencies or hotlines dedicated to handling elder abuse cases. They can investigate and intervene to protect your grandmother's well-being.

 

Financial Safeguards: Take steps to protect your grandmother's finances. This may include helping her manage her pension, ensuring her accounts are secure, and monitoring her financial transactions to prevent further exploitation.

 

Guardianship or Conservatorship: In severe cases where your grandmother is unable to make decisions for herself, you may need to explore the possibility of guardianship or conservatorship. This legal arrangement appoints a responsible person (the guardian or conservator) to make decisions on behalf of the incapacitated individual.

 

Collect Evidence: Document any instances of abuse, neglect, or harassment. This may include taking photographs, keeping records of conversations, and gathering witness statements. This evidence can be valuable if legal action is needed.

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

Harassing a senior citizen is a criminal offence. You can ask your grandmother  to lodge an FIR. Your mother  can be booked under section 24 of the Maintenance and Welfare of Parents and Senior Citizens Act.

Also under Indian Penal Code:

Any person harassing senior citizens can be brought under Section 506 for criminal intimidation. - If the person is very abusive or utters or recites obscene words and mentally tortures senior citizens, a case under Section 294 can be bought

You can also send your complaint in writing and by post to the Superintendent of Police concerned. If the Superintendent of Police is satisfied with your complaint, he shall either investigate the case himself or order an investigation to be made.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

You are bound to maintain your mother if she is unable to maintain herself 

 

2) senior citizen tribunal would direct you to maintain your mother pay the house rentals and give her money for living expenses 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

1. If your mother is incapable of maintaining herself then it becomes your duty to provide her maintenance amount every month to the extent possible by you or the court may pass an order accordinlgy.

2. Your mother can take legal action against you for not providing her maintenance amount every month

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

- If she is unable to approach the police , then FIR can be lodged by you on her behalf after giving a complaint. 

1. If your mother having no sufficient income for her maintenance , then she can claim maintenance from her children including daughter

2. If she is a senior citizen , then she can approach the higher police official , however for getting permanent maintenance she will have to approach court .

-  If she files a complaint against you, then you can reply after narrating all the true facts and the said mistreat with your grandmother , and hence she may be denied to get the maintenance from you. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

In the event that your mother is unable to sustain herself, it becomes your responsibility to offer financial support on a monthly basis, to the best of your abilities. Failing to do so may result in a court order mandating such support. Your mother possesses the legal recourse to take action against you if you fail to provide the agreed-upon maintenance amount regularly.

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

You can disown her but as per law if she is financially weak she has right to get compensated from you 

yes she has right  for maintenance under 125 crpc

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

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