Violence against mother by her daughter
My father died in 1998 and he had 4 legal heirs-myself,my mother and two sisters. My elder sister came to live at our ancestral property leaving her husband in 2012 though she was neither divorced nor separated from her well-earning husband who is paying substantially for her maintenance till now. Her share of the ancestral property in West Bengal was given to my elder sister but after some days she started to torture my mother physically so that mother could be forced to leave the ancestral property and elder sister would occupy it. My younger sister and I are employed and do not live at ancestral property. My mother is senior citizen and aged 68 years. My elder sister often beats and use foul language to my mother and though many complaints were lodged to Khatra Police station by my mother, no effective step was taken by the police to stop the violence by my elder sister so that my mother can live at the ancestral property peacefully and with dignity. My mother may receive fatal injury when my sister beats her and as I live elsewhere, I can not guard my mother. Please advise what action should I take.
Asked in Criminal Law from Bankura, West Bengal
1) your mother should file DV case against her daughter and seek protection order .
2) also seek maintenance for herself and compensation for mental torture undergone by her
3) she should record all verbal abuses by her daughter .
you may file a criminal complaint against her before the magistrate court under section 12, 18 of Protection of Women From Domestic Violence Act-2005 and claim protection from the court and restrain her and her other associates to caused any violence against your mother.
if your mother is senior citizen the she may file a complaint before SDM/DM of area under Senior Citizen Welfare Act-2007 and claim protection.
you may file a criminal complaint before police against her and her associate on behalf of your mother.
You may file a civil suit for injunction against her before civil court and claim rerstrain order against her and her associates Under Order 39 rule 1 & 2 of CPC along with section 151 of CPC
Feel free to call
Advocate, New Delhi
1. Your mother should lodge a police complaint against her daughter to the local police station under copy to local D.C./S.P . the said complaint and its copy may be send to the respective places by speed post and the track record to prove the mail delivery can be obtained from the internet.
2. If police fails to take any action, your mother can file a Writ Petition before the Calcutta High Court against the police for its inaction seeking relief and justice.
3. It will be prudent on her part to collect a medical certificate/prescription detailing her injury after the assault, from a local Govt.Hospital/dispensary/doctor.
a mother maltreated and harassed by her daughter would be an aggrieved person .
2) t's not only a woman who is the wife or live-in partner of a male abuser who is entitled for relief under the Protection of Women from Domestic Violence Act. Even other women in a domestic relationship with [abuser] in a shared household are entitled to it, the Bombay HC ruled
3) While hearing a challenge to the constitutional validity of Section 2 (q), which restricts definition of a respondent to a husband or male partner, a division bench of Chief Justice Mohit Shah and Justice M S Sonak said definition of aggrieved persons and domestic relations under the scheme of the Act is wide enough to include other than a wife or woman live-in partner
4) The judges gave the verdict on a petition filed by Haji Ali resident Kusum Harsora (54) and her mother Pushpa (78), saying that exclusion of a woman other than wife/ live-in partner of a male abuser is discriminatory. A magistrate had rejected their complaint against a sister-in-law and Kusum's two sisters saying "mother" and "sister" do not qualify as "aggrieved persons" under the Act.
Your mother should approach the local court of Chief Judicial Magistrate and lodge her complaint to give directions to police to make arrangements for your mother 's protection and take necessary steps against the delinquent daughter.
2.Please engage a local lawyer to file complaint accordingly.
Since there is inaction by police on the complaints against your elder sister your mother as a victim can file a private criminal complaint against her under section 323 IPC. Your mother can also file a domestic violence case to seek restraint order against her daughter to restrain her from committing further acts of domestic violence against her. She can also seek the eviction of her daughter under DV Act on the ground that your sister's presence in the house is not conducive to her physical and mental well being.
If the local police is not effective to handle the complaint given by your mother then she can approach the higher police officer of the district seeking direction to the local police to initiate proper action and fetch her relief.
If the higher police officer is also not responding properly then she may approach jurisdictional magistrate court with an application under section 156(3) seeking direction to police for proper inquiry and initiate legal process agaisnt the culprit and to register FIR if necessary.