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Aboli (NA)     04 August 2014

Domestic violence by son


Need help. Me and my parents have been undergoing domestic violence (physical, mental and verbal) at the hands of my brother for the past 20 years. He bahaves like a goonda with us. Will not even allow us to speak, even if it is for his good. Each and every moment that he is in the house is like being in a continued state of terrorism for us. All these years my parents had the hope that he will ' Sudhar jayega' which he does not seem to be interested in. I had filed a complaint of Attempt to murder against him in 2001. He is 36, married with a kid. He does not look after them in any way and my sis in law also suffered violence( physical, mental verbal) in january  14 just 20 days after the delivery of their baby . After which we filed a complaint at the police station after a few days when she said she wanted to file one. My sis in law, my mother and myself had injuries which still hurt. we have not undergone medical examination after any assaults that he has ever carried out. Life has been a living hell for us. For the past 10 months we are on a verge of mental collapse and have somehow managed to remain sane. after this complaint in January 14, he has rented a flat elsewhere and is staying there. His wife and kid were with us. He kept coming home on weekends and harrasing his wife and talking all sh*t and fighting with us even in front of the baby, in fact he says he will teach her also to behave like this with us. Hence she went to stay at her parents place which not in our city, so we are atleast currently relieved that she and the baby are safe. her parents are no more, so there is only her younger brother with her. He still continues to harass all of us mentally and verbally and has come home once which could have turned into another assault if we had opened our mouths to speak even a single word. we wish to take stringent action, especially for my parents. Even he is jailed, he can harm us after release which could even mean murder. He does not feel he has done anything wrong with us, infact he feels he is right in behaving this way. We have video clips of many of the incidents.

what all can we do in such a situation? As per what i have found Domestic violence act 2005 can be used by women only. then what can my father do if he files a case in his name?  Also the PSI at the Police station told us that we can make a complaint anytime. even if we complaint after  few yrs it will be considered.

Please help as before we file any complaint now we want to be sure that that will lead to some conviction. 

 2 Replies

shanmugam lakshmanan (senior)     05 August 2014

You are emotionally burst. Domestic violence Act will not be helpful. Your sister in law is the pitiable person now. I hope your brother may be corrected by appropriate counselling and if need by medication by Doctors. Think Positive and try to correct your brother rather than seeking punishment. Your counselor will assess what you need. god is great. Be hopeful.

T. Kalaiselvan, Advocate (Advocate)     05 August 2014

I think you have to consult a senior lawyer in your locality and proceed as per his advise which will be based on the prevailing situations in your atmosphere.

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