Right of a widowed woman to visit her paternal home
Aaditto Shen
(Querist) 26 April 2014
This query is : Resolved
Woman belonging to the Santal (tribal-SC) community - age approximately 40 yrs.
Living in Birbhum, West Bengal.
Married at the age of c. 14 yrs.
Widowed at the age of c. 17 yrs.
Demise of her own father at age c. 18 yrs.
From that point, lived with mother (who is still alive), in paternal home, bringing-up 5 siblings.
Joined a rural-development organisation - about 10 years ago, where she has been living and working ever since.
Fell in love with a NON-TRIBAL co-worker, and both parties intend to get married (under the Special Marriage Act).
However, marrying 'outside' the (Santal) community is 'not allowed' by their 'social rules'.
For the past one year, the youngest brother, after being told about her intention to get married to a non-tribal, has been FORCING THE WOMAN, AND THEIR MOTHER FROM MEETING EACH OTHER!
HE IS FORBIDDING THE WOMAN FROM VISITING HER PATERNAL HOME - THREATENING TO KILL HER IF SHE DOES SO (though it is most probably a 'blank threat').
HE IS ALSO BLACKMAILING THEIR MOTHER AND PREVENTING HER FROM VISITING THE DAUGHTER AT THE PROJECT WHERE SHE WORKS.
MY QUESTION:-
Given the scenario mentioned above, are there any LEGAL PROVISIONS, through which the daughter and/ the mother can take action and LEGALLY COMPEL THE SON TO ALLOW FREE INTERACTIONS BETWEEN THE MOTHER AND THE DAUGHTER?
Thank you, in advance...
Sudhir Kumar, Advocate
(Expert) 26 April 2014
visit local than and give complaint. Let her enter with police help.
Devajyoti Barman
(Expert) 26 April 2014
File a complaint in local police for such threats.
If Police fails to provide such security then High Court, Calcutta may be moved in its Writ jurisdiction for Police inaction.
The couple can marry each other under Special Marriage Act and the State is bound to provide them security and if they fail to discharge its duty the High Court is there.
Given the current dispensation as far as law and order is concerned the High Court, Calcutta is likely to give a thrashing to Police and the State in general.
Aaditto Shen
(Querist) 26 April 2014
Thank you very much for your responses!
I am aware that they are ENTITLED to lodge a complaint with the police... and in fact, I have already advised them to do so.
[The lady is a staff at the organisation that I head as it's 'Field Director']
However, the issue is more delicate - as the lady and her mother still care for the brother's well being... the brother too is actually reacting in a juvenile manner - with no serious intent to harm his sister.
That is why I wanted to know if there is any SPECIFIC 'LAW/RULE/ACT' etc, which he is BREAKING, by not allowing his mother and sister to meet?
Like, for example, if an in-law was doing something similar to a widowed wife - it would come under the purview of the "Protection of Women from Domestic Violence Act 2005". Similarly, does the actions of the brother come under any SPECIFIC legal offence?
If there is a specific 'offence' that I can tell him about, I could try to talk him out of his rigid stance, by using the inherent fear that villagers have towards anything 'LEGAL'...
Thanks again...
Devajyoti Barman
(Expert) 26 April 2014
No specific law is there for this. Only complaint to Police should yield desired result.
Biswanath Roy
(Expert) 27 April 2014
This is a criminal intimidation and threat for causing harm which can be remedied by the Penal Code which comes under the administrative action for protection of legal fundamental and constitutional right of the citizen.
T. Kalaiselvan, Advocate
(Expert) 28 April 2014
Well advised by experts, nothing more to add. Do not be under confusion and also do not sympathize the wrong doer, let him realize his act for once atleast.
ajay sethi
(Expert) 28 April 2014
agree with Mr barman
