Urgent legal advice
rajib
(Querist) 06 June 2020
This query is : Resolved
My mother (pensioner) & sister who used to stay at their flat at kolkata and later on at Bangalore ( in rented house there also created lot of issues including police complaint against them) has now come to Guwahati . They have taken a rented house where they create nuisance like screaming/shouting etc and more ever my sister who is very short tempered also physically tortures my mother when ever there is a break up in marriage related proposals. .Both of them are mentally not 100% sane which you can feel once you talk to them or observe their activities ) Now every time they do so the house owner calls me to say that you come & take them to your home or I shall go to police. Now as I have already stated that they create trouble with my wife when ever they have come on earlier occasions ( use of abusive language/quarelling & threatining thru SMS etc) also with me and my son so the neighbours start complaining because of shouting /screaming etc and it spoils the peace of my home & my family life .My sister even threatens with dare consequences to my wife & son . Also my Son's board exam has just completed and he is persuing 11th std online classes.. so please suggest what should i do so that I can avoid bringing them to my home and maintain peace in my family life. Also what should I say to the house owner who calls me every time & says he will go to police once they
Now during lockdown period they want me to find a groom .As i have stated they are mentally not sound and go on harassing me over phone. My mother I feel has crossed all limits and is now saying if you cannot find a groom tell your son ( who has just appeared board,age 16 yrs ) to marry my Daughter ( age 38 yrs). Now you can understand what is the status of their mental health . I even feel shame to mention such thing in mail.These are un natural talks which they speak and reflects their mental status. Today the house owner where they are staying on rent called me up to inform that ,I should shift them from his house or he will approach police .I went and met him & asked him to give me some time .I told my mother & sister that they need to consult psychiatrist or go to rehabilitation centre for treatment ,but they don't want to go there & I don't want to bring them to my house as already mentioned above ,they will inflict harm to my son & wife and also create nuisance in the home which will destroy our mental peace. I also met police but they could not provide any help & told me it is your personal problem & you need to find out solution. I am really suffering because it is hampering the peace in my family life .
Please help me out with some legal options . They need to be in correction centre or assylum for mental treatment.how can I get it done with police or legal assistance.pl suggest.
Regards
Rajib
Raj Kumar Makkad
(Expert) 06 June 2020
This is your third time repeated query wherein both the earlier have duly been attended by various experts. What is the need to repeat?
rajib
(Querist) 06 June 2020
Sir, updated you after all suggestions given were tried but no use.pl help
Raj Kumar Makkad
(Expert) 07 June 2020
You have also put a similar question in your another old post. I have posted my reply there. Confine to old post and don't open third front on the same issue.
Rajendra K Goyal
(Expert) 07 June 2020
No legal situation exists in your query. It is moral associated with family responsibility.
Your query seems to be based on finding faults with them only.
Your sister is of 38 years, lockdown was from last 2-3 months, it can not free you from responsibility of searching groom for your sister from last 18 or so years when society has scarcity of brides.
You may leave them at their fate. Let police sent them to Asylum in case of need.
Rajendra K Goyal
(Expert) 07 June 2020
Since you are not ready to adjust them with you, may leave them with their fate.
Economically they are independent, they are in need of male support in absence of which they seem to be frustrated like any other. They are your family members, it should be your moral duty to solve all their problems. Your main purpose seem to send them to Kolkatta which would be out of your sight and responsibility.
You can enjoy with your family, say to their landlord not to disturb you. Your language shows that you feel you have responsibility only for your family and not for your mother and sister. Your mother had been responsible government servant, would be able to handle any situation.
P. Venu
(Expert) 07 June 2020
We can only provide a road map. it is for you to sit in the driver's sit. It is impossible for anyone to please all the people for all the times.
Raj Kumar Makkad
(Expert) 07 June 2020
The author is simultaneously getting advice on the three posts on the same subject in same language before the same experts on the same site which shows that he is correct in his approach and we experts who are also providing similar input are also correct and honest to his query.
Sudhir Kumar, Advocate
(Expert) 08 June 2020
why you could not continue in the same thread where givern suggestions have failed so that replying experts culd have the benefit of earlier discussion and then decide.
You probably seem to be taking viva of the experts.
Sudhir Kumar, Advocate
(Expert) 08 June 2020
Now coming to your problem.
THEY DO NOT WANT TO HAVE PSYCHIATRIC TREATMENT
YOU CANNOT BRING THEM HOME
THEY ARE NOT WELCOME IN THE HOUSE AND LANDLORD IS THRETENING TO CALL POLICE
THE SAME WILL HAPPEN WHEN YOU SHIFT THEM TO OTHER HOUSE.
So let him call police and you sit idle when you cannot do anything. Given facts indicate you have done whatever you could do on earth.
A small amount of psychiatric problems resolves by next morning in lock up and in some cases on mere sight of police.
YOU HAVE TRIED TO GIVE THEM A SEPARATE HOUSE
Dr J C Vashista
(Expert) 08 June 2020
You have adequately been advised by experts in earlier threads, repitition of same story is ridiculous and absurd.
Rajendra K Goyal
(Expert) 09 June 2020
Author should avoid multiple threads relating to same issue.
Raj Kumar Makkad
(Expert) 09 June 2020
Author shall never avoid because we experts deal with the same zeal and enthusiasm the repeated queries despite of having the prior information of its repetition.
Rajendra K Goyal
(Expert) 10 June 2020
Yet advised each time adequately, time to act upon by the author on this social problem having no legal issue.
rajib
(Querist) 01 July 2020
I have tried all advices given by you all,but they are not willing to go back to kolkata in their own flat or correction home for couselling.rather they are threatening me that if i do not arrange for groom of their choice whom they have been harassing to marry ( who is already married) ,my sis will commit suicide and will blame me for it . Should i approach police now or i should sit idle as i am no way involved in this mess..pl advice . It is urgent.
Guest
(Expert) 02 July 2020
Discuss in detail with an Local Good Advocate and Proceed Legally.
rajib
(Querist) 02 July 2020
Should i intimate police thru FIR .PL suggest
Rajendra K Goyal
(Expert) 02 July 2020
You can give a letter mentioning details, (personally not in favor of going to police), if possible avoid the situation.
rajib
(Querist) 06 July 2020
Siras u mentioned bot to approach police as I had already mentioned, god forbidden as she threatens to commit suicide if i do not arrange groom ( who is already married),whom she wants to marry and take any extreme step will i be held responsible accordingly to police .so please suggest should I keep police informed about her ill motives to avoid any complications. Can police take any action as I stay separately in my own house .
Rajendra K Goyal
(Expert) 07 July 2020
Your steps may help you provided circumstances so warrant in case of any ill happening.
Police is supposed to investigate in detail if any letter left by the person who proceeded for suicide.
rajib
(Querist) 07 July 2020
have tried all advices given by you all,but they are not willing to go back to kolkata in their own flat or correction home for couselling.rather they are threatening me that if i do not arrange for groom of their choice whom they have been harassing to marry ( who is already married) ,my sis will commit suicide and will blame me for it . Should i approach police now or i should sit idle as i am no way involved in this mess..pl advice . I want to avoid police complications .pl suggest way out
Sudhir Kumar, Advocate
(Expert) 07 July 2020
why cant you sit quite when you cannot do anything.
let the landlord/ neighbors call police they know how to do their job. Why should you call police while you are no more suffering after giving them separate house.
Rajendra K Goyal
(Expert) 08 July 2020
You do not want / can do anything to fulfill their demands, nothing can be done but to wait and watch.
rajib
(Querist) 08 July 2020
Sir,I do not want to get into any sort of trouble or harrasement by police in case of any eventuality happening .so i sought suggestion whether i should given any letter in writing with all details to police regarding the threats they are giving to name me .
rajib
(Querist) 09 July 2020
Sir,I do not want to get into any sort of trouble or harrasement by police in case of any eventuality happening .so i sought suggestion whether i should given any letter in writing with all details to police regarding the threats they are giving to name me .
Guest
(Expert) 10 July 2020
Discussing with your Local Advocate in detail would fetch the remedy for you.
Rajendra K Goyal
(Expert) 10 July 2020
No one want to face such situation, yet it is fact of life to face.
Either satisfy / fulfill the requirement of your mother and sister or forget them and wait.
rajib
(Querist) 13 August 2020
Respected Experts -My mother had lodged complaint in police station against me 2 days back,that I am not allowing them in my house and accordingly police called me today & sought my explanation. I have told them every thing but they are insisting me to allow my mother & sister to stay in.my home , for which I am not ready . I cannot risk my family by allowing my sister who is very short tempered , arrogant and mentally not sound and can inflict injury to my wife,son or even she can take extreme step of causing harm to herself if we do not listen to fulfill her demands. Now I seek your valuable suggestion what should I do to avoid any police action and also can police force me for that matter.pl advice
P. Venu
(Expert) 13 August 2020
The Police authorities are not vested with any such powers to issue directions in a purely civil matter.
Rajendra K Goyal
(Expert) 13 August 2020
Legally police cannot force you to keep them with you in your rented house till they have earning and separate house. You can offer to pay rent of separate residence in case of need.
In case police pressurize, discuss with local lawyer, and try to obtain interim relief from court.
Sudhir Kumar, Advocate
(Expert) 13 August 2020
why cannot your wife give a complaint in CAW against them?
that you will not let happen perhaps.
P. Venu
(Expert) 13 August 2020
Yes, it is for your wife to take the initiative.
rajib
(Querist) 14 August 2020
Sir what is the full form of CAW
rajib
(Querist) 14 August 2020
Dear Experts ,Also to inform you that my mother in her complaint had mentioned that when we sold our fathers land in the year 2003 ,i have not given any share to my sister which is totally baseless ,as the amount was equally divided into 3 parts and my mother and my younger brother took 2 parts of the share .my mother took my sisters share . Now,after 17 years she is raising such baseless allegations without any proof . Also to mention i had given part of my share to them to purchase the flat at kolkata in 2003 which they are yet to return. Police is now un necessarily harassing me that your mother has given complaint that you have cheated your sister . All these allegations are baseless.So please suggest what should i do .The police is not accepting my written application where I have clarified all the facts .pl guide. Also pl let me know can police take any action on such baseless allegation without proof for a matter which is 17 years old .
Rajendra K Goyal
(Expert) 15 August 2020
You can tell the truth to police. Transaction did not take place at present place, if any case need to be registered, right place is at which the land was situated.
Harassment can be there; merit lacks in the dispute at this stage.
In case of need hire the services of local lawyer.
rajib
(Querist) 15 August 2020
Goyal Sir, the land was situated here at Guwahati only.and the sale took place in 2003 and the money received was equally divided into 3 parts and ,my mother & younger brother took 2 parts of the share and also part of my share to purchase flat at kolkata . They have not yet returned my money which they took but i dont have any written evidence as did not think at that time to keep as it was within the family .Now after 17 years my mother is giving baseless allegation without any evidence and police is harassing me .can i lodge a defamation complaint application at the same police station for giving baseless allegation . Also want to know how to tackle police .
Rajendra K Goyal
(Expert) 15 August 2020
You have given money more than 10 years have passed. Legally you have no claim for your money, limitation is over.
What are the proofs that money was pocketed by you?
If police file a case, engage a lawyer, defend case against you.
In case any FIR is lodged, try to proceed for anticipatory bail.
In such situation, they would hesitate to pressurize you in other manner for this or other matter.
rajib
(Querist) 15 August 2020
Though police has not registered FIR yet bit investigating the matter ,but if they do so, as the courts are not operational , is there any other way where I can avoid the FIR being registered against me by giving any counter complaint that these are baseless and just to defame me as I have not allowed my mother and sister in my home
Rajendra K Goyal
(Expert) 15 August 2020
In case your counter complaint has some substance, police may register your Complaint (FIR) also, may proceed cross case if situation so warrant. It may not avoid FIR against you.
rajib
(Querist) 15 August 2020
Seeking opinion from other experts also on the recent development . Please give your suggestions to help me out
P. Venu
(Expert) 15 August 2020
Mr. Rajib:
your long winding story many twists and turns, and unconvincing facts, suggest that you have no real problem and if at all you have any problem, there is no urgency at all. Whatever the issue, I am disinclined to offer anymore suggestion.
rajib
(Querist) 15 August 2020
Dear Venu Sir, I am in trouble and that is the reason i am seeking advice as my mother has now given pice complaint with baseless allegations as mentioned in my earlier post . Now police is harassing me saying that you take your mother and sister back to your home and also regarding those allegations questioning me .so i sought suggestions as courts are not yet functioning in my place
Rajendra K Goyal
(Expert) 16 August 2020
No other alternate but to face the situation. No one can share troubles of others. Face the situation bravely. Truth wins in the last.
