My father has been mentally and financially abusing my mother for decades and she is too frightened to act on her own. I am their adult child and want to initiate legal proceedings. Can an adult son or daughter file a criminal complaint for harassment on behalf of their mother or jointly with her in Kolkata?
If your mother is experiencing harassment from your father or other family members in Kolkata but feels unable to take action herself, whether due to fear, dependency, or emotional difficulty, you as an adult child can play a significant role in helping her access legal remedies, though the framework for this depends somewhat on which specific relief is being sought. Under the Protection of Women from Domestic Violence Act, 2005, an application can be filed by the aggrieved person herself, or by any other person on her behalf with her consent, including a relative, friend, or even a Protection Officer, meaning you can initiate this process for your mother provided she is willing to participate in the proceedings.
For a criminal complaint under Section 85 of the Bharatiya Nyaya Sanhita (formerly Section 498A IPC), while the aggrieved woman is typically the primary source of the complaint, an FIR can technically be lodged by anyone with knowledge of a cognizable offence, including a concerned family member, and police are obligated to register and investigate a genuine complaint about ongoing cruelty, though your mother's cooperation and statement will ultimately be essential for the case to proceed meaningfully through investigation and trial.
Given the sensitivity involved when an adult child is stepping in to help a parent, it often helps enormously to first have a supportive conversation with your mother about what she is comfortable with, since these cases proceed far more effectively with her active participation rather than being pursued entirely on her behalf without her full engagement. Legal aid and counselling support, often available through the District Legal Services Authority in Kolkata, can also help ease this process for a mother who feels overwhelmed.
Because navigating this as a family member requires balancing legal action with sensitivity to your mother's emotional readiness, it helps to have guidance on how to approach both aspects together. Aapka Legal Advice can help you understand how to support your mother through the legal process at a pace that works for her.
If you want to help your mother pursue legal action against harassment in Kolkata, you absolutely can play a meaningful role. Speak with experienced criminal lawyers in Kolkata about the right way to support her through this process.