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(Guest)

Mother is mentally harassed by her own son.

I'm asking this on behalf of my friend whose mother has been mentally harassed by her younger son. He has become a nuisance to his mother and my friend, and the relatives are not ready to intervene fearing his goondaism. They are living in same house which is owned by mother and nobody else has no right on it. Now he wants his share but mother is not ready to give fearing that nobody will takecare of her at old age.

He use all the ways to mentally harass his mother like questioning her character, asking the name of real father, feeding stray dogs at home so that neighbours would not come fearing the dogs, feeding the cats the foods like fish & meat even in visitors room and not cleaning it, closing the bathroom door with big noise at midnight to trouble the sleep, If mother tries to question him, he will use very bad language towards her. He is challenging mother to file complaint where ever she wants and prove his such acts which he knows almost impossible to prove before police/court. She is also fearing that if she files any complaint, and he continues to live at home,even her life would be at risk.

So, please advice on how to handle this issue. Conciliation attempts would not make any good as he has even beaten two relatives for it.


Can she file any complaint at police station, and get him vacated from house immediately? Can she get any injunction order from court prohibiting his entry to the house with immediate effect? Now, she is ready to file complaint, but after that she is not ready to live with him even a day fearing that doing so will make her life in danger.

Can she file complaint at police station through advocate without going there in person?


So, please advise.



Learning

 3 Replies

Advocate M.Bhadra   17 March 2013

Lodge a complaint to the Police and file a case under Domestic Violence Act in Magistrate Court or you can file a Writ Petition In High Court. 

The Protection Of Women From Domestic Violence Act, 2005,

 

 

3. Definition of domestic violence.—

 

For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it—

 

(a) harms or injures or endangers the health, safety, life, limb or well‑being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, s*xual abuse, verbal and emotional abuse and economic abuse; or

 

(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or

 

(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or

 

(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.


(Guest)

Follow the instruction of  MR Bhadra

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 March 2013

Dear Sonu

file a complaint before magistrate under section 12 of Domestic Violence as Mr. Bhadra informe you that this act comes under Domestic Violence and she has right to file a complaint against him and the court have power to pass an order in her favour and restrain him to even talk to her.

if there is any physical violence then call the police or give a written complaint to police, police is bound to registered FIR against him.

Feel Free to call

 

Nadeem Qureshi (Advocate)

Chember No. D-720, Karkardooma Court, Delhi

email : nadeemqureshi1@gmail.com

web:    nadeemqureshi498a.webs.com

Mob: +91  9953809956

          +91 8802305262


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