Senior citizen (none) 04 May 2023

Elderly abuse

My husband had built a 3 story house (rented out the 1st and 2nd floor) which was in my name. Right after we got our son married 20yrs ago, he forced us to sell the house that was in my name and had us invest that money in buying him a piece of land and build a new house. Our relationship with our son has been strained ever since he got marriage. There has been a lot of differences between us over the years and our son had stopped taking care of us. He has been abusive physically, mentally and emotionally towards me. My husband passed away 6 months ago. Ever since my husbands death, my son, influenced by his wife has changed the locks to the house and is not allowing me to enter the house claiming that the house belongs to him. I'm a 63yr old women who doesn't have a place to stay. Our relatives have accommodated me all these months. Any relative that approaches him in my favor is treated as an enemy and is told not to step foot in his house ever again. He has refused to support me financially. I approached the local Mahila Sangha for help in seeking maintenance from my son. He promised to take care of me by providing separate housing and maintenance in front of them, 5 months ago. He hasn't done anything till date and doesn't show up to the meeting with the Mahila Sangha to discuss the matter even when they go out of their way to schedule it based on his availability. I would like to go back home though it's in my sons name. I don't know what my course of action needs to be at this juncture. Thank you in advance for your advice and guidance.

Reply Follow

4 Replies

Senior citizen (none) 04 May 2023

Appreciate your quick response and advice.

I'm from Bangalore. Where and whom do I approach for free legal aid? Will I be contacted by free legal aid once I file a complaint against my son? Can I file the complaint at any police station or where I primarily lived before?

P.S: I would like to mention that someone is helping me post my questions and grievances here since I'm not well educated and speak and write very little english. This person has offered to help me with any paperwork, filing a complaint and any research involved in getting me the needed resoruces to the best of his abilities.

Thanks again.

Sudhir Kumar, Advocate (Advocate) 09 May 2023

No problem even if you are less educated. You had been able to convey the proble.

As far as free legal aid is concerned, you can visit the local court. The bar office will be able to guide you on the free legal aid cell located in each distt.

as far as complaint is concerned. You can just walk into the office of local SHO who will take appropriate action and will guide you as well. You can visist website of the police of your state who have sr citizen cell.

Senior citizen (none) 09 May 2023

Thank you so much for your response. I will follow through as suggested.

Niharika Lohan 10 May 2023

Hi, Kishan. As disappointing as it may sound, there’s no provision in law to apply for changes in an order of the Court. However, if you are dissatisfied by the aforesaid order, you have the remedy of appeal available before the Hon’ble High Court, wherein you can challenge the passed order under section 47 of the Guardianship and Wards Act, 1890. The Court shall then look into the merits of the case and give its verdict in accordance.

The Courts are a little liberal when it comes to cases of child custody and provides for changes in custody order in case of changes in circumstances of either the child or the custodian. In your situation, the visitation is set at a public and pious place, which remains open all day for everyone. In my opinion, it majorly depends upon the deciding judge for fixing the visitation place and his opinion as to which place he thinks is best suited for the meeting, in the interest of the child.