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M R Rajoria   08 October 2016

Advice on hostile daughter

My daughter is about 38 years old & unmarried.  She has been in affair with a person for the last 20 years.  Despite of the fact that the person has married twice but my daughter is still keeping contacts with him. That man has brainwashed her against me.  I have told her so many times that i have no objection if she wants to marry that person, however she under influence of that person asks for her share in my self acquired property.  She has also sought legal advice from the court.  She was told by the concerned lawyer that she cannot claim her share in my property as a matter of right under the law.  She has now become frustrated and has started misbehaving with me by using abusive language and even tries to manhandle me(i have cctv video recording and audio recordings also).  I am about 70 years old pensioner suffering from various old age diseases. I have also lodged two complaints with the concerned police station to counsel her but no action has been taken so far on the same.  She is enjoying every comfort and facility in the house.  In addition to that i am paying her monthly pocket money.  Now she has refused to take the same and insists to give monthly maintainence of Rs. 15k to her.  I am not taking any work from her in household matters.  I have also not approached any court of law for her eviction from my house.  

She had left the house twice without informing me and went out of delhi and returned after few days.  when i asked her where she had gone without telling me she replied that i have no right to ask her the same as she is a major and can go anywhere as per her will.

In these circumstances kindly advise me how to solve this problem legally as i am under mental stress as she quarrels with me daily. Is there any forum who can call her for counselling to solve this problem?



Learning

 20 Replies


(Guest)

Response deleted by member.


(Guest)
Sir, As per Honourable SC, unmarried Hindu female is to be taken care until father turns 60. From 61 years u need not take care of her. She can seek govt aid n govt shelter home for such women. I wonder why no advocate advised u to go for permanent injunction? You can straightaway go for it to secure urself n ur self earned property. For further details call.91 48 615872

(Guest)
Sir, As per Honourable SC, unmarried Hindu female is to be taken care until father turns 60. From 61 years u need not take care of her. She can seek govt aid n govt shelter home for such women. I wonder why no advocate advised u to go for permanent injunction? You can straightaway go for it to secure urself n ur self earned property. For further details call.91 48 615872

(Guest)
Sir, As per Honourable SC, unmarried Hindu female is to be taken care until father turns 60. From 61 years u need not take care of her. She can seek govt aid n govt shelter home for such women. I wonder why no advocate advised u to go for permanent injunction? You can straightaway go for it to secure urself n ur self earned property. For further details call.91 48 615872

(Guest)
Sir, I have read ur query couple of years back, then also I had suggested permanent injunction.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     09 October 2016

Approach the Hon'ble High court of Delhi for not responding to your complaints and also seek protection from court by showing entire evidence you have. Only upto 35 years of age the unmarried women protection is in the hands of parents later it is for them to survive on their own.

Ms.Usha Kapoor (CEO)     09 October 2016

It seems already you have filed a suit for permannet injunrtion restraining  your  38 old daughter not to enter your house. Please pursue that matter to its logiccal conclusion. Also  approach Senior citizen tribunal for  redressing or addressing your grievances. Since you are 70 years and living alone any kind of  attacks may take palce on an old loaner. Give the house to some paying guest or Join someSenior Citizen home.See the below given information.

 

The recent spate of murders and attacks on senior citizens and the case of 70-yearold Sharda Kasabkar who was discovered in her Santa Cruz flat, a fortnight after she died, highlights the loneliness and insecurity that stalks the elderly in the city. Yet, state-instituted tribunals for senior citizens, which were stipulated by a Central law five years ago, are still to be fully operational in Mumbai.

The Maintenance and Welfare of Parents and Senior Citizens Act 2007 mandates states to form tribunals for every sub-division of a district to look into the grievances of senior citizens, particularly those who don't receive proper food, shelter or clothing. Meant to provide succour to parents who have been abandoned or ill-treated by their kin, tribunals spare seniors the rigmarole of the judicial process, and aim to resolve conflicts within 90 days. The law also mandates old-age homes (see box, Know your rights).

But while the tribunals have been notified on paper in Maharashtra, there remains a lack of clarity about their actual functioning. "There are many senior citizens who come forward with complaints, but when we approach state authorities about contact details of tribunals , we get no answers," says Prakash Borgaonkar, director western region of voluntary organization Help Age India adding that the social justice department has assured them that they will publicise the details soon.

Sheilu Shrinivasan of NGO Dignity Foundation, too, believes senior citizens in Mumbai flounder for help, despite the comprehensive central legislation assuring them benefits. "The welfare of senior citizens in Mumbai has been seriously affected because of frequent change in bureaucrats, which has resulted in a lack of continuation in plans and projects," she says.

But others states in India are doing a better job looking after their seniors. Delhi has had its tribunals ticking since 2009 and Tamil Nadu has intervened in more than 250 senior citizen cases since its tribunals were formed in 2010.

Officials in the social justice department insist Mumbai too has systems in place. Under-secretary G Allhat told TOI that an official of the sub-divisional rank could be appointed as a tribunal, according to an order of the revenue and forest department in 2010. He insisted that such tribunals were appointed across Maharashtra, but was unable to furnish precise details.

TOI contacted both the Mumbai city and suburban collectors, both of whom said they weren't aware about functional tribunals. "As we have no post of a sub-divisional officer in Mumbai city, we have written to the social justice department asking for our deputy collector to be appointed as the authority and hope to hear from them in the next fortnight," says city collector Chandrashekhar Oke.

Senior state officials admit that the involvement of multiple departments in the state has hampered smooth implementation of the Act.

Tribunals are only the first step towards a better welfare system for senior citizens , say experts.

Dr S Kinjawadekar of the All India Senior Citizens Confederation says the overall attitude of people towards senior citizens needs to change. "Creating a law alone doesn't provide any respite. People should be oriented to help and support them. Such tribunals and laws will give us a tool to legally protect our senior citizens, but we need to spread a lot of awareness among senior citizens about their rights and the provisions for them."

Know Your Rights

What the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 stipulates

The setting up of tribunals for senior citizens (60 +) who don't receive proper food, clothes, shelter or medication

A neglected parent can approach the tribunal, which could award maintenance up to Rs 10,000 to be paid by their children or legal heir

The case has to be settled within 90 days. If you appreciate this answer please click the thank you button on this forum. Throw your daughter out lock stock and barrel and invite  a nicepaying Guest if you arenot willing  to join asenior citizens home or . Atleast approach  th esenior citizensTribunal for your  grievances.If you  APPRECIATE THIS ANSWER PLEASE CLICK THE THNK YOU BUTTON ON THIS FORUM.

 

 

KS Johal   09 October 2016

As it has been stated (above) your daughter is over 35 years of age and therefore you do not have any further parental duties. Furthermore you are over 60 years of age, and as a result you do not have further parental duties to fulfill for your daughter since your actual age is 70. There are senior citizen tribunals as have been stated (above) you need to make use of these so that the problem gets resolved or rather than being shelved. You have got good advice and please follow it.

A walk alone (-)     09 October 2016

Throw her out of your house. As per Honourable SC, unmarried Hindu female is to be taken care until father turns 60. Your are 70 , you do not have to fulfill parental duties for your daughter

A walk alone (-)     09 October 2016

Please click thank you button for Ms. Usha kapoor

Kumar Doab (FIN)     09 October 2016

The query has also been discussed at:

 

https://www.lawyersclubindia.com/forum/Harassment-by-unmarried-major-daughter-140766.asp

 

https://www.lawyersclubindia.com/forum/Harassment-and-mental-torture-by-daughter-136756.asp

 

 

You need to act to defend your interest.

 

M R Rajoria   09 October 2016

Today i have called the police again on senior citizen helpline no. to take some action against my errant daughter.  I showed them the video evidences of manhandling my younger sister who is staying with me.  They were satisfied but told that they can not take any action in this matter and i have to approach the court of law for redressel of my grievances.  

Plese quote the judgement of the honourable supreme court/ high court wherein they have said  that an unmarried women aged above 35 years is no longer a liablity on her father who is about 70 years of age.

 

Kumar Doab (FIN)     09 October 2016

Central Government Act
Section 20 in The Hindu Adoptions and Maintenance Act, 1956
20. Maintenance of children and aged parents.—
 
(3) The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property. 
 
https://indiankanoon.org/doc/17630/

Kumar Doab (FIN)     09 October 2016

 

 

Patna High Court
Subhash Roy Choudhary vs State Of Bihar And Ors.

https://indiankanoon.org/doc/948898/


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