498a ipc

[498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Section 498a of the IPC talks about the Husband or relative of the husband of a woman subjecting her to cruelty.

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine

Whereas, extortion comes under Section 383 of the IPC. 

Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or valuable security or anything signed or sealed which may be converted into a valuable security, commits “extortion”.

The mother should file a DV case against her daughter and seek a protection order. She should also seek maintenance for herself and compensation for mental torture undergone by her. In addition to this, 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.

If your mother is a senior citizen then she may file a complaint before SDM/DM of the area under the Senior Citizen Welfare Act-2007 and claim protection.

You may file a civil suit for injunction against her before the civil court and claim a restraining order against her under Order 39 rule 1 & 2 of CPC along with section 151 of CPC

 

Regards,

Anaita Vas

Ms. Anaita Vas has very well provided necessary legal information / law governing the subject, provided you can understand.

A case under section 498 A IPC (if filed by Step Daughters) is not maintainable as the provision is inapplicable.

Step daughters can seek partition in the property left behind by their deceased father.

Mother can file a complaint under section 12 of Protection of Women from Domestic Violence Act, 2005 and / or under Maintenance of Parents and Senior Citizens Act, 2007 or section 383 of Indian Penal Code 1860, 

Your mother may seek appropriate remedy under Sr. Citizens Act OR Domestic Violence Act Or Criminal action may also be taken depending on facts of the case. But section 498A IPC is not a suitable and appropriate remedy in your case.

Regards

Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099