Response
You can immediately lodge complain to the police or write letters to different authorities so that they provide protection to you, even if the the torture does not go less, you can file writ petition before the High Court, one of my client aged about 80 years got good relief from Calcutta High Court. You can also file a complain under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Being a senior citizen you can file petition before the appropite court of law and also file petition against your daughter-in-law in Domestic violence Act . First lodge a written complaint before the local Police Station with help of a learned lawyer write the complaint against your daughter-in-law .
1) To file a police complaint against the Daughter in law with appropriate police authorities.
2) if you are a resident of Maharashtra, then the father in law can file an application with the Tehsildar under the Maintenance and welfare of Parents and Senior Citizens Act, 2007 seeking protections from the atrocities of the daughter in law.
3) Please check possibility of filing complaint under the Domestic Violence Act
4) you can file a civil suit seeking injunction against your daugher in law in respect of your property.
5) You can directly file a writ petition to the High Court if the police authorities do not co-operate with you.
If its a mental harassment you will immediately need to lodge a police compliant against her, send her a legal notice and then initiate legal proceedings against her.
trying to take hold of the property the own
You need to file a proceeding in the civil court and take a injunction order under Order 39 rule 1.
Reference: The definition ‘maintenance’ has been expanded to include safety and security of the parents besides taking care of their food, clothing, housing and health care obligations.
If senior citizens are neglected or not maintained by their children or their sons-in-law or daughters-in-law, they could approach maintenance tribunal for justice.
This is the first major amendment to the legislation implemented in 2007.
Order 39 Rule 1 says that temporary injunction can be granted when:
a) any property in dispute in a suit is in danger of being wasted , damaged or altered by any party to the suit , or wrongfully sold in execution of a decree; or
b) the defendant threatens, or intends to remove or dispose of his property with a view to defrauding his creditors;
c) the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff relating to any property in dispute in the suit .
In such cases, the court may, by order, grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to property in dispute in the suit as the court thinks fit, until the disposal of the suit or until further orders.
202100333-20210004-266
LAWAYZ-2023-236
