If you are stuck in such a situation, here is what to do.

Mr. Alok Verma, a 75-year-old senior citizen from a city named Amanpur, is enduring extreme hardship. Having lost his wife in a tragic accident many years ago and his elder son to mental health struggles, he has also been paralyzed from the waist down for the last four years. He is confined to his home, dependent on his younger son, who struggles with alcoholism, and his daughter-in-law.

The daughter-in-law subjects Mr. Verma to daily verbal and emotional abuse. His son, preoccupied with his addiction, remains a silent spectator. The couple treats him with utter neglect. A couple of years ago, the daughter-in-law coerced Mr. Verma into giving her a significant sum of money from his fixed deposit, promising to repay it, a promise she now denies. Despite her modest income, she maintains a lavish lifestyle.

She has also made attempts to unlawfully gain control of his property. She tried to mortgage his house by taking the property papers to a bank, but Mr. Verma thwarted her by alerting the bank manager. When she persisted in trying to force the sale of the house, Mr. Verma’s elder brother, who resides in Canada, intervened to protect the property. Mr. Verma filed a police complaint last year regarding the mistreatment, but no action was taken, which only emboldened the couple. Now, the daughter-in-law has hidden the property documents and claims they are lost.

In response, Mr. Verma recently filed a case in the District Magistrate’s court in Amanpur, citing continuous harassment and the theft of his property documents. His brother’s family has managed to record her verbally abusing him. In a retaliatory move, she has filed a false domestic violence case, alleging that Mr. Verma’s brother and his family instigate her husband to assault her. This is a tactic to prevent her eviction and to secure the house after Mr. Verma’s demise. She has also falsely accused his relatives in Canada of being greedy for his property.

Mr. Verma is left isolated in his room, finding solace only in daily video calls with his relatives abroad, often in tears. He is determined to evict his son and daughter-in-law and ensure they do not inherit any part of his estate.

Advice in such cases

• Document Everything: Keep a detailed log of all incidents of abuse, harassment, or financial demands. Note the date, time, what was said or done, and who was present. Any video or audio evidence is extremely powerful.
• Secure Finances and Property: Immediately take steps to protect all financial assets and property documents. Inform banks about the situation and place alerts on accounts. Keep original property papers in a secure location like a bank locker.
• Create a Will: To ensure property is distributed according to one’s wishes and to disinherit any abusive family members, it is crucial to execute a legally valid Will. This should be done with the help of a lawyer to make it ironclad.
• Utilize Senior Citizen Laws: The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is a powerful tool. A senior citizen can file an application before the Maintenance Tribunal (usually headed by a Sub-Divisional Magistrate) to claim maintenance and seek the eviction of abusive children from their property.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

In such situations, several legal provisions can be invoked under the new Indian legal framework:

• The Maintenance and Welfare of Parents and Senior Citizens Act, 2007: This is the primary legislation for such cases. It provides for the maintenance of senior citizens and parents and allows for the eviction of abusive adult children and their relatives from the senior citizen’s property.
• Bharatiya Nyaya Sanhita, 2023 (BNS):
  • Section 316 (Criminal Misappropriation of Property): Can be applied if the daughter-in-law has dishonestly misappropriated the father-in-law’s money.
  • Section 303 (Theft): Applicable for the act of taking the property papers without consent.
  • Section 351 (Criminal Intimidation): For threatening and verbally abusing the senior citizen with an intent to cause alarm.
  • Section 119 (Voluntarily Causing Hurt): If any physical harm is caused.
• Protection of Women from Domestic Violence Act, 2005: While the daughter-in-law has filed a case under this act, it’s important to know that a senior citizen (male or female) who is being abused by a relative living in the same household can also be considered an “aggrieved person” and seek protection orders under this Act.

If you are the complainant

• File a Complaint under the Senior Citizens Act: This is often the most effective and speedy remedy. An application can be filed before the Maintenance Tribunal to seek eviction of the son and daughter-in-law.
• File a Police Complaint (FIR): Lodge a formal FIR under the relevant sections of the Bharatiya Nyaya Sanhita (BNS) for theft, misappropriation of funds, and criminal intimidation. Provide all the evidence you have collected.
• File for a Certified Copy of Property Papers: If the original documents are stolen, immediately apply for certified copies from the relevant Sub-Registrar’s office. This is crucial for any legal proceedings.
• Contest the False DV Case: Vigorously defend the false Domestic Violence case filed against you. Present your evidence of their abuse to expose their malicious intent.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

• Seek Immediate Support: Reach out to trusted relatives, friends, or neighbours. Do not suffer in silence. Your emotional and physical well-being is the priority.
• Gather Evidence Safely: If possible, use a mobile phone to discreetly record instances of abuse. Ask trusted visitors to be witnesses. Keep digital copies of evidence in a secure cloud account or with a trusted person.
• Preserve Financial Records: Keep bank statements, passbooks, and any proof of financial transactions (like the money given to the daughter-in-law) in a safe place.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Police response in domestic and family disputes can be varied. Initially, they might be hesitant to register an FIR, often suggesting that the parties resolve the matter amicably as it’s a “family affair.” However, if a senior citizen is the complainant and presents clear evidence of harassment, theft, or abuse, the police are obligated to take action. Persistence is key. If the local police station is unresponsive, you have the right to approach a senior police officer (like the Superintendent of Police) or file a private complaint directly with the Magistrate under Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

FAQs people normally have

What evidence is required?

Strong evidence is crucial for a successful legal outcome. This includes:

• Video and audio recordings of abuse and harassment.
• Photographs of any physical injury or property damage.
• Testimony of witnesses (relatives, neighbours, domestic help).
• Bank statements showing financial transactions or withdrawals.
• Copies of property documents.
• A copy of any police complaints filed previously.
• Call records or messages that show threats or intimidation.

How long will the investigation take?

The duration of an investigation and legal proceedings can vary significantly. Cases filed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, are designed to be fast-tracked, with the law stipulating a decision within 90 days from the date of serving notice. However, this can sometimes take longer. Criminal cases under the BNS may take more time, depending on the police investigation, the complexity of the case, and the workload of the courts. A good lawyer can help navigate the system efficiently to avoid unnecessary delays.

Advocate Sudhir Rao, Supreme Court of India