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?
An adult child can file a complaint on behalf of a harassed mother, since Indian law permits complaints to be filed by any person who has reason to believe domestic violence has occurred, not only the victim herself. Under Section 4 of the Domestic Violence Act, any person, including a relative, can provide information to a Protection Officer, meaning an adult child can file a complaint on behalf of a harassed mother, particularly where the mother is elderly, dependent, or hesitant to approach authorities directly due to fear or social pressure. This provision reflects a practical understanding that victims of long-term domestic abuse, especially older women who may have endured harassment for decades, often need someone else to take that first difficult step on their behalf.
This route is especially valuable in situations where a mother has normalised years of mistreatment, fears social stigma or family backlash, or is simply unaware of the legal remedies available to her. An adult child stepping in does not need to wait for a dramatic or urgent incident — a pattern of harassment observed over time is enough to justify approaching a Protection Officer or filing an initial complaint to begin the protective process on her behalf.
That said, the mother's own statement and cooperation will eventually be needed for the case to proceed meaningfully, so this is best approached as an initial step to trigger protective intervention, with the mother's active participation following once she feels safe and supported to engage with the legal process. It often helps for the adult child to first have an honest, gentle conversation with their mother about the option of legal protection, since a case built entirely without her eventual involvement is unlikely to progress far, however well-intentioned the initial filing may be.
Involving a Protection Officer early can also be useful even before formal litigation begins, since Protection Officers are specifically tasked with counselling, assisting, and guiding domestic violence victims through their options in a supportive, non-adversarial manner. If you are considering filing on behalf of a parent, Aapka Legal Advice can guide you on how to initiate this sensitively and effectively, balancing legal urgency with the emotional realities of your mother's situation.
Our network of Top Criminal Lawyers in India, supported by our retired judges panel's experience with family-initiated complaints, can help ensure your mother receives the protection she needs, while approaching her situation with the sensitivity such cases genuinely require. In conclusion, an adult child can absolutely take this first step for a harassed mother, and doing so thoughtfully, with her eventual involvement in mind, gives the complaint the best chance of leading to real, lasting protection.