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Asked March 25, 2019

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My mother is retired and living alone and currently living alone with my brother in Mumbai. She was a victim of domestic violence where my brother hit her very brutally in 2017. This was because her not in agreement of his affair with a divorced girl with a child, he was friendly with her for sometime the clear details not known to us but later he disclosed it to my mother and was insisting to get married and move in the house with her and her child additionally she was expecting second child at that time that of my brother. My mother was not in agreement with his situation and gave her decision that she wants to kept out of his personal issues and they cannot move in the house, one evening they were discussing this subject over a couple of drinks an argument broke out and he hit my mother and locked her in the toilet. Me and my sister got to know about this incident through a message and a photograph where my mothers face was totally thrashed. She could not recollect much as she went unconscious when he hit her, however we enquired about it with the neighbors and they also advised to come and check on her to make sure everything was ok. We are working overseas and when we arrived down we found out bit more as we noticed marks on my mother that pointed out to domestic violence and she was living in fear. We rushed her to the hospital and the doctors confirmed that it was a case of violence against her a legal case registered against him by my mother as she was fed up of his habits and wanted him out of the house. Legal proceedings went as planned with a case registered and the hearing was scheduled last Oct 2018, now my brother know his situation pleaded to my mother to withdraw the case stating he has started a family, he lost his job and finding a new one would be difficult with the legal proceedings and requested to withdraw the case. My mother feeling sorry for his situation withdrew the case on compassionate grounds and only let him live with her temporarily till he found a job. He requested time till Dec 2018 to find something and even took up a temporary for 2 months or so, but in Dec when my mom reminded him that it is time for him to leave he refused and gave her ultimatum that he will not leave the house now she can do as she wish. He also hit and threaten her but this time he was careful not leave marks, she then used to inform me and since Dec 2018 this situation has impacted her and health is not good at the moment she is depression and probably suffering from a psychological condition which could be triggered by this unhealth environment. At the moment she undergoing treatment and we are still review her case. Her memory has become weak now and she cannot recollect much. We noticed her situation was not very good and went down to take her for an evaluation and checkup, and brought her to with us for a couple of months for her to relax. My mother, wants him out of the house but is concerned on how to go about it. We advised the only option is the legal route as he wont just listen to leave if asked. Request your advice on what options are available with her in this situation. Accordingly we will take it up with her and seek her approval to initiate legal proceedings. Is it possible to restrain him from entering the house and coming close to any of us at anytime in the future as he is not a sound person but an alcoholic/unpredictable and a threat to us. It must be noted he has hit my mother once before where she had lodged a complaint and he was detained at the police station for 1 day or 2 and they let him go. (this prior to the incident in 2017) also his behavior has changed drastically since he got to know about the will my mother had prepared and he was not to have any share in the Mumbai apartment. This decision was also taken because of his bad habits that is drinking problem no stable job, and living a carefree life with any respect to her and us. My dad passed away in 2011 and since then my brother seems to be living life on his terms and expects us to accommodate his reckless life. Please advise and appreciate your feedback at the earliest

Answer 1

Lodge a Police Complaint and see to it that he does not enter your mother's house. 

You can file a suit for injunction in Civil Court restraining him entering your mother's house.

Agree Comment 0 Agrees about 2 years ago

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