December 14, 2014

Rights of Grand Parents against Sons & Daughters-in-law. Civil & Criminal

In India, there is still joint family system.

The quarrels are seen between Grand Parents Versus Sons / Daughters-in-Law.

The grand parents mainly complain two things : 1) Sometimes they are slapped or beaten up 2) Daily Abuses are hurled at them.

In addition they complain 3) Proper food is not given 4) Pressure is made on them to transfer their property in name of Son etc.

REMEDIES IN CRIMINAL LAW

A) For cruelty in nature of item 1) & 2) above, the grand parents can dial emergency number of police in case of emergency,

B) If there is no immediate danger, a proper criminal complaint should be filed in the court of Chief Judicial Magistrate.


REMEDIES IN CIVIL LAW

Under Sec.9 of CPC, Civil Courts can accept all type of suits.

For item 1) to 4) above mentioned problems, a civil suit for Declaration can be filed to seek Declaration from Court that the Sons and the Daughters-in-law have no right to hurl daily abuses at them and to slap them ..etc.

The Civil Court will probably immediately grant a stay order, will summon Sons and Daughters-in-Law in court and will hear their side.

Best advice is to seek help of court before aged parents become too weak to go to court.

If the grandparents are too aged and too weak to go to Court, some neighbour or some distant relative can also apply to court on behalf of such grandparents in trouble.

Seek professional advice of a lawyer.

Haresh Raichura
14/12/14


Copyright : Haresh Raichura 2014. All Rights reserved.