Need information on parents maintenance & protection
12-Jun-2023 (In Family Law)
My mother used to stay with me before my divorce but after divorce there is created a chaotic situation in our family. We are two brothers. He is too marriad. Now they started to think that there is none to look after mother except them as i am divorcee. My mother's only independent income is 3 rooms on rent. Local party came to conclusion that my mother will stay with my younger brother & her wife with all her independent income. I was agreed & my brother too. Withe the passage of time they always pressed my mother for mor money. To keep up peace i used to provide them bt day after day their greediness is going up. On 9th may 2017 they physically harassed my mother & got her out of the house. Being insulted i have appointed an " aaya" for 12 hours on the payment of Rs7000. My mother is a diabatic patient & suffering from multy diseases. In this situation my mother is getting only one room rent out of three, others two they are enjoying & not willing to give her. What can i do?
Ask your mother to lodge an FIR against such people in the local police station and thereafter police will take neccesary action in accordance with law and if required then Domestic Violence case be initiated upon consulting
Is your mother lodged any diary before the local P.S. about the matter of 9th may? Atfirst your mother can sue a maintainance case (under section 125 cr.p.c) against your brother. Then your brother have to pay the a monthly maintainance to your brother. Now let me know the name of the property owner. If your mother is the sole owner then she can driven out your brother by legal process. Now its totally your personal matter as because its your family litigation.
Whether after the incident on 09.05.2017 your mother were lodged Written Complaint before the Police against your brother and his wife? If No, then at present my suggession is please lodged complaint against your brother and his wife due to the noted above acts as well as illegal used the entire rent from other two rooms, if these rooms are belongs to your mother.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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