'Ensure There Is No Breach Of Peace': Calcutta HC Directs Police On Senior Citizen's Plea Against Alleged Harassment By Son & Daughter-In-Law

The Calcutta High Court on Monday granted police protection to a senior citizen against the alleged harassment perpetrated by her son and daughter-in-law. 

Justice Rajasekhar Mantha was adjudicating upon a plea moved by a senior citizen, one Radharani Saha seeking the Court's intervention since her complaint of harassment against her son and daughter-in-law had not been addressed by the Dumdum Police Station. 

Taking cognisane of the grievance raised, the Court directed, 

"Considering the above, the Officer-in-Charge, Dumdum Police Station shall ensure that there is absolutely no breach of peace in the area and maintain strict vigil in the said premises and address any threat of peace immediately."

In the instant case, the Court was informed that the son of the petitioner does not reside with her and further it was informed that there exists a serious matrimonial discord between the petitioner's son and daughter-in-law. It was further submitted that the daughter-in-law had forcefully occupied some portions of the petitioner's residential premises.

Furthermore, the daughter-in-law had also filed a case seeking residence under the provisions of the Domestic Violence Act, 2005 which is still pending before the concerned Court. The Court was also apprised that pursuant to the complaint lodged by the daughter-in-law against the petitioner and her son, offences under Section 498 and 506 of the IPC had also been regsitered against the petitioner on December 31, 2020. 

On the complaint filed by the daughter-in-law against the writ petitioner and her husband charge-sheet No.988 of 2020 dated 31st December 2020 under Section 498 and 506 of the Indian Penal Code has been filed. Other complaints filed by the daughter-in-law against the petitioner are also under investigation, the Court was informed further. 

The Bench was also apprised that the petitioner had filed proceedings before the Sub Divisional Officer, Barrackpore under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, however, no action has been taken in this regard yet. 

Accordingly, the Court directed, 

"In that view of the matter, it is directed that the Sub Divisional Officer, Barrackpore shall enter into the said complaint and pass appropriate orders under the said Act of 2007".

The matter was accordingly disposed of. 

Case Title: Radharani Saha v. The State of West Bengal and Ors

Case Citation: 2022 LiveLaw (Cal) 10. 

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