what are the legal right in case of harassment of parents by son ipc

Question

what are the legal right in case of harassment of parents by son ipc

04-Jul-2024 (In Family Law)

My brother and his wife are torturing my parents, who are both senior citizens. They are experiencing mental and physical harassment. I have two elder sisters, and whenever we discuss taking our parents to live with us permanently, my brother threatens suicide and claims he will leave a note accusing us. His wife has also threatened to report us for domestic violence. My parents and sisters are scared and don’t know how to seek legal help to get our parents out without facing any false allegations or repercussions. can parents file a case against son? Please guide us as we only want our parents to live with us and nothing else.

Answers (4)

Yes. Senior parents can (1) lodge a police complaint/FIR for physical assault, criminal intimidation, wrongful confinement or related offences under the Bharatiya Nyaya Sanhita (for example voluntarily causing hurt and assault, Sections 114'117 and 130, and criminal intimidation, Section 351) and for fabrication of false complaints/evidence (see the BNS chapters on false evidence); see the BNS text: [https://www.indiacode.nic.in/handle/123456789/21420]. (2) Simultaneously they can file an application before the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to claim maintenance, protection and, where applicable, eviction or declaration of a transfer as void under Section 23; see the Act: [https://lddashboard.legislative.gov.in/actsofparliamentfromtheyear/maintenance-and-welfare-parents-and-senior-citizens-act-2007]. Procedure and interim relief/bail/protection are governed by the Bharatiya Nagarik Suraksha Sanhita and evidence rules by the Bharatiya Sakshya Adhiniyam: [https://www.indiacode.nic.in/handle/123456789/21920'locale=en] and [https://www.indiacode.nic.in/handle/123456789/21070]. Recent judgments have upheld tribunals-power to order eviction/restore property and to interpret Section 23 liberally for senior citizens (see Gandhimathi v. Sub Divisional Magistrate, Madras High Court (Jan 24, 2024): [https://lextechsuite.com/Gandhimathi-Versus-The-Sub-Divisional-MagistrateRevenue-Divisional-Officer-Tribunal-for-Maintenance-and-Welfare-of-Parents-and-Senior-Citizens-Salem-and-Others-2024-01-24]; S. Rajan v. R. Srinivasan, Madras HC (Apr 1, 2025): [https://lextechsuite.com/S-Rajan-Versus-R-Srinivasan-and-Others-2025-04-01]; Vinod Sharma v. Shanti Devi (Feb 21, 2022): [https://lextechsuite.com/Vinod-Sharma-Versus-Shanti-Devi-and-Others-2022-02-21]; Sonabai Krishnasa Kathare (Feb 17, 2025): [https://indiankanoon.org/doc/189063350/]). For immediate safety, seek police protection, file FIRs and a summary application before the Maintenance Tribunal; consult a lawyer to draft concurrent criminal and tribunal petitions and to respond to any malicious counter-complaints under the BNS/BNSS/BSA framework.

Answer #1

Adv. Chikirsha Mohanty

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LawRato LawRato · Accepted Answer · 2024-07-04T13:50:36+05:30

Under Indian law, elderly parents have certain legal rights against abusive adult children and their spouses, including:

Maintenance: Section 125 of the Code of Criminal Procedure (CrPC) provides that elderly parents can seek maintenance from their adult children if they are unable to maintain themselves. This includes the provision of food, clothing, and medical expenses.
Protection of Life and Property: The Protection of Women from Domestic Violence Act, 2005, provides protection to elderly persons against domestic violence. This law covers elderly women and includes provisions for restraining orders, residence orders, and protection orders to safeguard the life and property of the elderly.
Right to Reside: The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, provides elderly parents with the right to reside with their children or heirs. This act also provides for maintenance and welfare of senior citizens and parents, and for their protection and security.
Right to Claim Property: The Hindu Succession Act, 1956, provides that a Hindu father or mother has the right to claim their share of property from their son or daughter, including joint family property.
Criminal Remedies: Criminal complaints can be filed under the Indian Penal Code for offences such as criminal intimidation, assault, and domestic violence.

It is important to note that the exact legal rights of elderly parents may vary depending on the specific circumstances and laws of the state in which they reside. It is advisable to consult with a lawyer or legal expert to understand the specific legal options available in a particular case.

Advocate Aamir Zafar Khan LawRato · Accepted Answer · 2024-07-04T13:50:36+05:30

Answer #2

Dear, Law/Constitution provides equal rights to each and every citizen of this country, in this case you don't have to worry. Following things you can do to ensure the safety of your parents from your brother and his wife. 1. You can submit a non cognizable report in the police station, which have jurisdiction over the area, also you can submit it in the SP office. 2. Your father and mother being a senior citizen can also move to senior citizen tribunal for necessary reliefs. You can contact me for any further detail or help.

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Adv. Aamir Zafar Khan Adv. Aamir Zafar Khan

Delhi | 25+ Answers

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Advocate Pramendra Jain LawRato · Accepted Answer · 2024-07-04T13:50:36+05:30

Answer #3

First your mother have also an option that file domestic violence case against son and daughter in law for them harassment and maintains . . Second if they are living together with parents property take legal actions for vacant house. Third your parents may FIR against son and daughter in law forharassment and threatened .

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Adv. Pramendra Jain Adv. Pramendra Jain

Indore | 25+ Answers

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Advocate Apoorv Pandey LawRato · Accepted Answer · 2024-07-04T13:50:36+05:30

Answer #4

Rights of Senior Citizen are governed by Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007. As per S.4 of the Act, your parents can claim maintenance from their son by placing an application before relevant forum. Coming to the mental and physical torture. Your parents can lodge a police complaint against the son and his wife. I would also like to warn you that if the wife of your brother files a false dowry demand-cruelty complaint against your parents, your parents might have to face serious hardships in the court of law. In my personal experience old aged parents suffer the most in such cases. It would be preferable if your parents start living separately if possible and claim maintenance from your brother.

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Adv. Apoorv Pandey Adv. Apoorv Pandey

Jabalpur | 25+ Answers

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