LawRato

My brother and his wife is torturing my mother


30-Apr-2023 (In Family Law)
My mother is a retired headmistress from a reputed central government school. She is 70 years and still managing everything. She has her own HIG house, a car,and other investments .my brother who is 8 years younger than me,(36 years) and her wife is living with her. Both are working and earning well. But from the day he got married to this girl, both are harassing my mother mentally, physically and emotionally. She is tortured everyday, they abuse her, beat her. We did police complaint also but nothing worked.He just want her property and my mother is tolerating everything just out of motherly love. She is so confused to take any decision.They live in Delhi and I (daughter) live in Chandigarh .I am feeling so helpless. Everday I get phone calls from my mom about their torture and still she is not taking any decision. I am scared and concerned about her safety before something bad happens.
Answers (4)

Answer #1
944 votes
Dear Ms. Jagriti,

Issues as you have mentioned in your query can be solved at two levels - personal and/ or legal. From what I understand, all attempts at solving it at a personal level has failed, and even a police complaint is of no help. Legally, there are a few effective options available, one of them being filing a complaint under Protection of Women from Domestic Violence Act, 2005. The said law safeguards the rights of women in case of domestic Violence and the import of the word violence is wide enough to cover your mother's situation. the courts in Delhi are also very sensitive to such complaints.

please feel free to reach out for any help.

Answer #2
867 votes
Query perused. I would advise you to engage a lawyer and file a complaint before the concerned Court of Chief Metropolitan Magistrate alleging criminal intimidation, hurt and assault. In case the property is in your mothers name, you can seek injunction from the Hon'ble Court and force your brother and sister in Law to move out of the house. Safety of your mother is of paramount importance, so do act swiftly before the situation gets out of hand. For further consultancy and legal services you may contact us.
Answer #3
657 votes
Hi mam,
In this regard your mother may initiate proceedings under domestic violence act against your brother anf sister in law wherein she can seek relief of protection, alternate accommodation and monetary relief.

Your mother may also initiate civil suit to kick out your brother and sister in law out of the house.

All the best.
Answer #4
752 votes
Hi Jagriti. What is happening to your mother is quite unfortunate but there are steps she can take to ensure her safety. You can always initiate proceedings under the Protection of Women from Domestic Violence Act in addition to the Maintenance and Welfare of Parents and Senior Citizens Act. Feel free to reach out to me in case you wish to discuss the matter in details and for a better understanding of your legal options.

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."