Complaint in senior citizen act on false grounds

This query is : Resolved

Niranjan Singh (Querist)
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02 November 2018 I am 40 years old living with my wife and 2 children. My mother (76 yrs old – patient of arthritis, BP, Sugar, Skin disease and cannot walk for a short distance without the help) and sister (55 yrs old – divorcee – psychiatric patient) are wholly dependent on me from past more than 18 month, as my father is not maintaining both of them. There are 2 floors in our house and on ground we are living together and on first floor my brother along with his family and my father are residing. I am maintaining my mother and sister from past 18 months along with my family. My mother has filed a case under Domestic Violence act for maintaining herself against my father (78 years old Retired Army officer and his pension from Army is around 1,60,000/- per month and annual income is around 24 lakh) and my elder brother. With biased and vindictive nature my father filed a complaint with District Magistrate against me and my wife praying for maintenance and vacation from the house (the house is my father’s self acquired property) blaming that I along with my wife uses criminal force on him and we have kidnapped his wife (i.e. my mother who is wilfully residing with me because they used to beat her whenever I was not at home) and I have sold my mother ancestral agriculture land and grabbed the money. These all are baseless, false and fabricated grounds taken by him against me and my wife, so that we note press the domestic violence case pending against him filed by my mother. What are the remedies available for me in this matter and what action I can take against my father after the decision of the case filed by my father against me and what is the procedure to be adopted in this case. Please provide citations in related case which can be put in front of DM – Meerut.

Amol S Joglekar

Amol S Joglekar (Expert)
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19 November 2018 you can give the reference of the case filed by your mother against her husband. The court shall consider the same jointly and severally