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Shruti   27 March 2016

Senior citizen facing harassment

 

 My wife and I are senior citizens and need urgent support. I have described my situation in below points for easy understanding

  1. I have 4 kids (2 sons and 2 daughters). My sons live of different floors of my house. My daughter who is divorced lives with us on the ground floor with her sons. I with my wife have raised my daughter’s sons (financially and physically).
  2. My daughter’s sons are now grown up boys. They regularly harass abuse, humiliate, and trouble me and my wife. There have also been several instances of physical attack (such as hurting my wife with kitchen utensil, throwing water on both of us) as well.  When remaining members of the family interfere; the sons’ of my daughter have attacked these members as well. 
  3. My daughter owns a flat in her own name. We have been requesting her to move to her own house as we feel really threatened by their abuses, harassment, and physical attacks. However, despite continuous requests, my daughter and her sons refuse to move out.

I am under tremendous stress fear my and my wife’s safety all the time and request for your support and help.  I am also scared of the possibility of physical harm and threat on my other family members (My sons, daughter-in-laws, my grandson and his wife, and my other grand daughters/sons).

Request for your guidance on how to tackle this matter without any harm being caused to any members of my family,



Learning

 12 Replies

saravanan s (legal advisor)     28 March 2016

You can file a complaint against them in the police station for assault.if the house is on your name then you can send them a legal notice for eviction

G.L.N. Prasad (Retired employee.)     28 March 2016

Contact Legal Services Authority (Lokadalat) and also make a complaint to Collector to direct Police for helping you.

PRASAD AKS (PARTNER)     28 March 2016

DO NOT COMPLAINT ON YOUR DAUGHTER AND HER SONS.  TRY TO CONVENCE THEM BY SOME OTHER PERSONS.  IF THEY ARRESTED FINALLY YOUR  IMAGE IN SOCIETY DEFAMED.  IF THEY ARE NOT COME IN SOFT WAY THEN YOU VECATE/LETOUT OR SELL AWAY THE PROPERTY AND SHIFT TO SOME OTHER PLACE OR ALIVE IN OLD AGE HOMES ESTABLISHED AROUND THE COUNTRY.

DO NOT FIGHT WITH CHILDREN

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     28 March 2016

You try to get love & affection towards you by offering gifts, toys etc. to the children and tell small stories of animals.

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     28 March 2016

Actions suggested by Mr.Prasad  are endorsed.   However,  it is felt that the better course of action would be to persuade your daughter to shift to her own Flat .  You may also  involve your community elders and your other children/relations for this purpose.   Legal remedies can be a last resort only.

Shruti   28 March 2016

Hi All,

I think I could not explain  my situation properly. I have already tried taking support of community elders. It did not work. I have requested my daughter to move out to her flat several times. She and her sons refuse to go away. They want their share in the property through cash and say would not exit till they get it. 

They create nuisance everyday and attack my wife physically. All soft and conversational measures have failed. Our image in the society is already spoiled as they shout every day on us in foul language. Their voice and behaviour is so loud that the entire society can hear them. They hurl abuses at my sons and their families. Every one is scared of their behavior.

I want to just safeguard my wife (physically as well as financially after my death) and other family members. I dont my daughters' sons to get arrested. Any legal course that can scare them or protect me and my wife will be helpful. 

Please note that I am above 75 years of age. Relocating or moving away from my sons is not viable for me given my health. Please suggest the best course of action (talking and involving other family members has led to no results)

 

 


(Guest)

First in my opinion this things have two or three different type of problem and all three way , they  have to be solved , no one way is proper or may give results. 
 

1) Psychiatirc internvention --- See when grown up boys shows aggressiveness , it is sign they are not totally mentally fit and thus require some internvention to understand psychology and if their are any signs of some evolving mind disease. Such cases are taken by Psychiatric as behaviour problem of boys etc. and to large extent it is common but such things Psychiatric related matters are dealt with utter secrecy in our society so you never find anyone openely telling that for their loved once or close family members in their aggressive state or behaviour issue they consulted and stick to Psychiatric for few months or years as case may be in longer interest. This I recomend also that the way we handle baby and it do many things , but we love them , and they understand them they do because they are helpless or need care. Similarly regarding loved relationship and such mattters I feel first option should be taking help of Psychiatric to intervene and take care and understand behaviour disorder of Boys (Who are certainly your close relaives)

 

2) Legal angle to such case will be under provision of two acts

          1) Maintaince and welfare of Parents and Senior Citizen Act 2007

          2) Protection of women from domestic violence Act 2005

These are two laws which can be useful but see I will be honest if you take of this law there are chances case can get spoiled further First option will be good one. 

3) If Deepika can go public with her Depression so I should also try , to show some courage without going too personal 

        1) My Parents where in teaching line , Father Principal of Colelge ,  Mother Teacher , I was aggressive some time  losing anger I too you use to hit parents , My Father who was Principal of College who asked family Dr. what can be done.  He said refer to Psychiatric , Psychiatic gave me some medicine to help anger control . Psychological questionaiers where given when I was co-operative , He waitied till I become coperative till 6 - 7 months, Psychological report stated , Anger mangement , Rx for Anxiety and Depression. Coping up ability.

       2) Within few months or year I became cool minded person , use to concentrate on studies and again less anxiety and stress giving good results . I was studying and back on track . 

      3) If Father had taken legal course then surely , 10 pass constables or less educated police men would have spoiled the case further without any good consequence

     4) My father who was Principal told me once , in his life time I was not first to hit him. Even some students have also hit him or slapped him and they are respected people of society. getting awards from President of India for contribution to their resepctive field now .  My father said as teacher I decided to show maturity keep silent and take necessary propert steps to put all in proper way without complaining or making noice .  So teachers /Prof /etc too have to handle aggressive students and put in proper direction and not just fight with them else , Only drama takes place for world noting else. Sorry Name of students can be revelead because  names are too big to be written in public forum. And violation of trust between teachers and student relationship. 

    5) Additionally I have seen personally seen personally divorce couple children have some kind of anger against one of their parents or they feel some one is responsible for their problem and they express anger to them . Some time they try to fight with friends who have good parents or patrents who are not divorced. So in this case I strongly suspect  boys are removing some kind of anger on you , which require attenion of Proffessional Psychiartic or with his co-ordination Psychologist who can assess the boys and situation. 

    6) I was looking at my school website few days back they have introduced Child Psychologist to help childrent, Whether Young children are mentally sick ? No they are not , but they require some kind of help to cope up when situation is not favourable to them including parents divorce , either of parents death , sickness , failure , peer pressure , or some other kind of problem.

   7) One Old person said when I was born I was born in house , my birth was done by aiya or some local lady. Now Gynecologist are there I prefer to send my daughter to Gynecologist after pregrancy they are more proffessioanl and scientific I won't prefer less educated Aiya and risk my daughter and new born baby life. Similary take help of modern medical scienence and new subjects 

 

Sorry too young to give advice , but this is what my father who was Principal and mother teacher did when I was aggressive and use to hammer or hit in house . I only say I was immatured that time my parents where indeed competent and I was lucky before case deterorate further .


 

 


(Guest)

Sorry for speeling or gramatical mistake , posted without checking with bit emotions . 

Genereally Psychiatric charges 300-500 per sitting as per their market rating , and if you take 15 -20 sitting per year still it is good comparetevely to whole life fighting or having haressment. Some medicine cost too. Private psychiatric cost is almost 1/4 of appendix operation cost as per one Psychiatric in frank note , IF you spend 2- 3 years the total cost you incurred will not be more than 1/4 appendix operation cost. Govt hospitals or educational institution is almost free but there is too much rush honestly , which is not practical . Where 200-300 patients in line some time in big hospital , they to can not give much individual attention . 

One of my distant relative who happened to be retired Hight Court Judge one said in public forum , taking personal family fights in court /police station without alternative scientrific way like counselling etc Ruins relationship more and third party  interference like police men, judiciary have some where added fuel to fire. It should be taken as last resort when all other scientific ways are over. Don't jump personal issue to court early , it should be last resort , and that too after sceintific counselling , sceintific methods , trying to change behaviour problem using proper proffessional etc. and no chance of moving ahead. 

PRASAD AKS (PARTNER)     28 March 2016

IF YOU ARE WILLING THROUGHH COURT OF LAW, BEFORE ENTER INTO COURT AND LAWYER, YOU HANDOVER YOUR ENTIRE PROPERTY TO THE CONCERNED LAWYER.  FINALLY YOU RECEIVE ORDER FROM HONCOURT AFTER YOUR DEATH. 

OPERATION SUCESS BUT PATIENT DEAD.
 

PRASAD AKS (PARTNER)     28 March 2016

I TOO OLD AGE MAN.  IN EVERY FAMILY IT IS COMMON DUE TO SURROUNDING PEOPLE TO THE BOYS OR TO YOUR DAUGHTER.  ITS ALL FOR MONEY.  MONEY MAINLY DAMAGING THE SOCIETY, IT IS CRUEL ONE.  MONEY  MAKES MANY  THINGGS.

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     29 March 2016

I endorse the exhaustive view expressed by Mr.Madhu.


(Guest)

Additional I wish to add , boys won't initally co-operate to come to Psychiatric , It will be wonder if the come , they will resisit lot with their perejuidice mind and no one goes at first instasnce. But elder has to take steps and eventually with  guidance of Psychiatric /Psychologist  take take steps.

Fees for Adv. & Psychiatric are equally same, rather Psychiatric fees will be less eventually and may be more profitable

 

Some time I feel all advocate in lawyers club get angry on various views I post, still I stick to my opinion. with my little experence of life . I am baby in this community who only screams with top of voice in all forums . Critic can criticze me I am half filled vessel who make more noise . But this is what I am 


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