A son and his wife are mentally harassing mother in law. Wife also fileda a fake dowry case in Court.

Response

As per your query , if the property belongs to your parents then they can throw them out of the house.

With regards to fake dowry case , she can obtain Anticipatory bail from sessions Court.

Your parents must file a police complaint in the police station for domestic violence against the son and the daughter in law.

Apart from this, since they are old, you must help them in filing a case for maintenace as it is the duty of the children to help their parents who are not able to help themselves. These are Rights of Senior Citizen are governed by Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007. As per S.5 of the Act, your parents can claim maintenance from their son. If they are Hindu, then they can seek maintenance under Section 20 of the Hindu Maintenance Act, 1956.

The tribunal will then call all her children including all the sons and daughters and will be given them a chance to defend themself, and as per the evidences available with the Court, the Court may grand the children to give monthly maintenance to their old parents.

If the children neglect to maintain parents because they themselves are not able to maintain themselves then in such a case, the tribunal can order children to pay monthly maintenance not exceeding Rs. 10000 and the maintenace must be deposited before the Court within 30 days of such order.

Your parents can also appeal to the appellate tribunal from the said order within 60 days of the order.

Thus, file a case, you parents will surely get relief from Court and the domestic violence will also stop if they file a police complaint.

Reference: Section 20
Hindu Maintenance Act, 1956
Maintenance of children and aged parents- (1) Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents.
(2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor.
(3) The obligation of a person to maintain his or her aged or infirm parent or daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own ealnings or other property

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LAWAYZ-2023-706