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Family problem

(Querist) 11 March 2019 This query is : Resolved 
I seek legal advice regarding my family problem
My mother & sister who used to stay at their flat at kolkata 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% sound 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 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 is there.
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 create nuisance .
P. Venu (Expert) 12 March 2019
The posting suggest deeper issues. Please post relevant facts.
Sudhir Kumar, Advocate (Expert) 13 March 2019
let your wife give DV complaint against both.
Guest (Expert) 13 March 2019
Mr. Sudhir Dy Manager Sir would you please Justify how the Domestic Violence Act or case is involved here.
Guest (Expert) 13 March 2019
Mr.Sudhir could you please explain what is DV Act or DV Case Please
Guest (Expert) 13 March 2019
Dear Querist If they create any problems coming to your house Just call the Police and it would be sorted out.
Guest (Expert) 13 March 2019
Dear Quertis If their house owner calls or complains to you just tell him he is at liberty to implement actions against them and you will not be involved.
Guest (Expert) 13 March 2019
Mr.Sudhir Dy Manager sir first of all there should be a Domestic Relationship to say Domestic Violence
Guest (Expert) 13 March 2019
The Guests will not come under Domestic Relationship.
rajib (Querist) 13 March 2019
N JS Rajkumar Sir,- The house owner calls me every time & tells he will approach police & report against me if I do not meet him and take them to my home. I have avoided so far on couple of ocassion not meeting him citing reason that I am out of station ,but every time i cannot give the same excuse .please suggest what should I do if at all he complains to police about me for not meeting him & taking them back to my home ,which is not possible . please suggest way out to avoid any police intervention.
rajib (Querist) 13 March 2019
looking for more suggestions
Guest (Expert) 14 March 2019
When you were no way involved with the house owner or signed any agreement or any undertaking on behalf of tenants what police complaint could be made against you.
Guest (Expert) 14 March 2019
The house owner is making some illegal threats only to make his purpose served.
Guest (Expert) 14 March 2019
Even House Brokers can not be made liable for Tehant's activities
rajib (Querist) 26 April 2020
Rajkumar Sir,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 ) to marry . Now you can understand what is the status of their mental health . Please help me out with some legal options . They need to be in Asylum.
Rajendra K Goyal (Expert) 26 April 2020
Since the lockdown is continuing, it would not be possible to take any step at present.

The solution can be based on medical / psychological treatment of both. Seems both are very much frustrated, mentally upset, threat of uncertainty in life, solution of which is through medical / social ways.
Rajendra K Goyal (Expert) 26 April 2020
Legal ways may worsen the situation, it may put you in embarrassing situation in future. On any police action, it has to be you, who has to come forward to help them.
Rajendra K Goyal (Expert) 26 April 2020
You can arrange alternate residence for them, if possible, if the disputes with landlord is continued.
Try to find out a suitable match and arrange for the marriage of your sister, being brother, it is your moral responsibility also. Please do not evade from the responsibility on the name of their mental condition. May take help of marriage sites / newspaper ads / relatives / friends.
Rajendra K Goyal (Expert) 26 April 2020
Make it your target to talk with them on phone once a day and give them peaceful hearing. Hear whatever they say, do not confront / say they are wrong. This would give a chance to them to release their frustration. As they are living separate from you, visit them once a week, take gift / eatables for them.
Arrange proper medical treatment for them.
Rajendra K Goyal (Expert) 26 April 2020
If you go for legal ways, they would be in serious trouble. Your relatives may pressurize you to defend them in court. It would be time and cost consuming without any positive solution.
Please through away all your negative thinking about them if possible and move with changed mindset.
rajib (Querist) 26 April 2020
Mr Goyal prior to coming here they were at Bangalore,where my Younger brother resides,but there also they had to change there rented house because of same reason.infact once police called me up from there stating that landlord had complained police that my sister tried to stab my mother with knife and she ran out of home to save herself . So this is the kind of anger . Further for last several years marriage proposals were tried through newspapers,ads etc but once the groom or his parents talk to them face to face they do not proceed further. Also knowing the fact that she is mentally not perfect how can i further spoil someone's life.
Also whatever suggestions you have given i have tried ,but they are not ready to go to asylum or counselling centre. Please help me out .
Rajendra K Goyal (Expert) 26 April 2020
As your mother is retired government servant, she must be getting pension. Financially she is not dependent on you. Only requirement is of mental support and moral assistance, availability of which would change the situation.
Proceed with the mindset that situation would change, it may give results.
Rajendra K Goyal (Expert) 26 April 2020
Marriage of sister should be first priority, her such behavior / attitude may be due to frustration/ unsecured / uncertain future ahead after mother and mindset that your support would not be available. Sending her to asylum may not fetch positive results.
Your parents have married you and your brother, it is now your turn to fulfil responsibility towards your younger sister.
Marriage of sister can fetch better results for both.
rajib (Querist) 26 April 2020
Mr Goyal please let me know how it is possible. Nobody is willing to marry after meeting her & talking to her face to face .They can realise her mental status . Further I feelit is improper to hide anything of this nature. Secondly her mental thought process is very cheap and talks all nonsense .can't utter . Also she is always in a revenge mood against my son & wife .she wants to hurt them.so i cannot keep them in my home.
So seeking advice .
P. Venu (Expert) 26 April 2020
In your opinion, they need to be in asylum. If so action needs to be initiated in terms of the provisions of the Mental Health Act.
rajib (Querist) 26 April 2020
Mr Venu how to initiate the process ,if they are not willing to go to asylum
P. Venu (Expert) 26 April 2020
In this context, you need to seek assistance from a psychiatrist, preferably one in Government service, and take steps in accordance with his advice/directions.
Rajendra K Goyal (Expert) 27 April 2020
You may be right, it is possible 10 people may not have returned after talking to her, yet efforts must be continued. This is the question of ones life. You should not hide the truth, yet wording is to be chosen diplomatically so that no opinion is made before meeting with her. Marriage would solve most of her problems.
Rajendra K Goyal (Expert) 27 April 2020
Keeping them in your home is not recommended.
If you are of the opinion, nothing can be done, leave them on their fate.
No legal way is available for such problems.

It seems you have mindset, which need to be changed first. If they are not ready to go to Psychologist, you may contact and proceed as per advice of psychologist.
Raj Kumar Makkad (Expert) 27 April 2020
First of all this is not a legal issue rather an issue of within family related to behaviour.
Raj Kumar Makkad (Expert) 27 April 2020
A mother is after all a mother she requires a mental and physical support in her old age and when both of her sons are not tolerating her and she has to reside with her unmarried daughter then her mental disturbance is natural.
Raj Kumar Makkad (Expert) 27 April 2020
You should not forget that we all have also to become old one day and if our own sons do the same behaviour which your mother is facing, what shall be our reaction?
Raj Kumar Makkad (Expert) 27 April 2020
As your sister is still unmarried despite of having overage, a sense of frusteration coupled with the ffrusteration of your mother might be reflecting in her behaviour.
Raj Kumar Makkad (Expert) 27 April 2020
Even in the given situation, the things can be settled with the courage and efforts of both of you brothers either directly or through your relatives, friends, NGO, neighbours and other similar type of persons.
Raj Kumar Makkad (Expert) 27 April 2020
So far as the threatening of calling the police by the landlord of the rented house of your sister is concerned, it has no value in the eyes of law and you should not afraid in this matter as you have nothing to do with any dispute between tenant and landlord.
Raj Kumar Makkad (Expert) 27 April 2020
You should forget the bitter uterings on the part of your mother and sister once you are in the mind to settle the issue for ever. If we allege against ony one, it attracts its counter in the louder voice so you shall to forget everything happenned in the past.
Raj Kumar Makkad (Expert) 27 April 2020
If actually your mother and sisters are mentally and you are not capable to bring them for the proper treatment then you have a legal right to approach in the court of District Judge of your area and move an application accordingly who are duty bound under the provisions of Mental Health Act to get them treated immediately so that they may not harm themselves as well to any person of the society.
Raj Kumar Makkad (Expert) 27 April 2020
Good behaviour and respect to others especially to mother and sister always pays. It is also nt desired from you to post the lacuans of the famly on public platforms rather to make solution at your own level or with the help of the relatives.
Sudhir Kumar, Advocate (Expert) 27 April 2020
If you cannot make them to behave then let the landlord call police.
Rajendra K Goyal (Expert) 28 April 2020
From your post it seems you are very dedicated / have much attachment for your family and your son. Probably same attitude was of your mother when you were studying. Now it is your turn, you are absconding from your duties. She must have been very much concerned due to your unmarried sister. Avoiding may not solve the problem.
Let her live her own life after the marriage of her daughter. Financially she is independent.
Rajendra K Goyal (Expert) 28 April 2020
Your mother was a Government Servant. She has lived a life on her terms, if you wish she should be under your control, seems very difficult especially due to her age.

In the position of continuous stress/ mental pressure / frustration one can lose his mental balance / power of positive thinking.

Law or Medical aid may not be of much help, mental / moral support is the need of the hour.
Raj Kumar Makkad (Expert) 28 April 2020
The country of Shrawan Kumar and Raja Ram Chander is forgetting their names and teaching what to talk of following the same. This is the need of hour to serve your ailing mother and sister to the core of your heart.
Raj Kumar Makkad (Expert) 28 April 2020
Anyone can ask a simple question, why your mother chose to go to the rented house of your unmarried sister residing in the same city wherein you are residing in your own house rather of yours?

It shows that you have already lost trust of your old age and ailing mother which is required to be won once again by your sincere efforts.
Rajendra K Goyal (Expert) 29 April 2020

Though following lines are bitter, yet seems to be an extract from your query:
You have your mindset; you have no responsibility towards them.
You do not want to hear anything from them.
You are disturbed if any complaint comes from any corner / landlord, you have no solution but to arrive at conclusion that they are at fault without going into the base/ details/ reason of such behavior.
Your brother is also not realizing his responsibility.
Want to send them in Asylum (pagal khana) and want to get rid of them.
Being financially dependent, they want to maintain and have dignity.
There is possibility, your mother (being retired government employee) can search a suitable match for your sister, yet she wants to have help from elder male member of the family, hence she is looking towards you for decision making.
rajib (Querist) 29 April 2020
Mr Goyal It is not like that .Perhaps you could not get me. 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 . She is saying if you cannot find a groom immediately tell your Son ( who has just appeared board ) to marry her . Now you can understand what is the status of their mental health . How can they even utter even such things. Please help me out .
Rajendra K Goyal (Expert) 29 April 2020
Sorry, my conclusion is wrong as per your understanding.
Yes, lockdown is the problem, you can tell them, you are trying, the person cam visit for the purpose only after lockdown.
You can go on trying in lockdown, through newspaper ad, matrimonial sites, relatives, phone.
All have time now to attend such matters.
P. Venu (Expert) 29 April 2020
In my understanding, it is beyond the scope of this forum to be judgmental of the authors who seek legal solutions for the issues they are facing.
Raj Kumar Makkad (Expert) 29 April 2020
The one time saying of your mother which is the long frusteration should not be concluded as her static behaviour. You are advised to pacify your mother even on phone if you personally cannot go to her.
rajib (Querist) 29 April 2020
Seek more suggestions from other experts
Raj Kumar Makkad (Expert) 29 April 2020
Seeking advice from other experts shows that you are here just for time pass without having any legal query.
Rajendra K Goyal (Expert) 30 April 2020
Whether not satisfied from the given suggestions? You have not mentioned why not satisfied. Do you want that the suggestions should only be in accordance to your views.

As already advised, there exist no legal action in the present situation.
Raj Kumar Makkad (Expert) 30 April 2020
It seems that the aim and object of the author is just to linger on the thread till the period of lockdown gets over.
P. Venu (Expert) 01 May 2020
Are we, who are honoured to designated as experts, not equally responsible? In my limited knowledge and understanding, the starting block for every improvement lies in being absolutely honest with ourselves. And the onus in rectifying this unedifying situation lies with those who occupy the top positions in the Hall of Fame; there is a strict obligation cast on them to be the role models.
rajib (Querist) 01 May 2020
Let me adhere to your suggestions and see the outcome
Rajendra K Goyal (Expert) 01 May 2020
You are welcome, may revert in case of any new development.
Raj Kumar Makkad (Expert) 01 May 2020
I pay due regard to the indication of expert P. Venu and have also tried to follow his intention but who can deny that my actions are reaction to other experts. I never start replying in may threads but if someone already at the top place openly violates and none objects him then reaction arise causing multiple posts on the one question. All should be at par and none should be discriminated. The teachings are required to be followed by all. Has anyone intervened in the ongoing battle between NJS and Mr. Dhingra? We should possess courage to express at least our opinion on all controversial issues. Pick and chose and safe and secured comments do never work. I think I have conveyed my situation properly.
Rajendra K Goyal (Expert) 02 May 2020
Constructive replies / supplements / additions as per requirement of the query is requirement of the site also.
Raj Kumar Makkad (Expert) 02 May 2020
You should follow the advice as given by various experts and then should post the outcome so that you may further be advised on the subject.
Rajendra K Goyal (Expert) 03 May 2020
Author may revert in case of any further question on the problem / advise the outcome in the problem.
Raj Kumar Makkad (Expert) 03 May 2020
Yes. The doors of this 'house' are always open 24X7.
Rajendra K Goyal (Expert) 04 May 2020
Agree, this is matchless unique platform to get legal guidance for any layman / litigant.
rajib (Querist) 06 June 2020
I had followed most of your suggestions,but to no out come. They are not ready to o back to calcutta at thier own flat ,neither ready to go to correction centre for treatment . Today also I met them ,but it was futile & the landlord has given me ultimatum to shift them from his house .I had already mentioned ,i cannot take them to my house as they will create nuisance and cause harm to my son & wife. I approached police also today,but no solution .pl advice what can I do now to send them back to Calcutta or to asylum . I can't spoil my family peace for them
Raj Kumar Makkad (Expert) 06 June 2020
If all your efforts have become futile then be calm and peaceful in your house. After all both of them are not coming to your house. You should close all your attention towards them if they are not ready to reach to an amicable solution.
rajib (Querist) 06 June 2020
Rajkumar Sir, the house owner is threatening me to approach police ,if i don't shift them to my house .today when i went there the other people nearby had also come and told me to shift them or else they will call police. Further helpless i went to 3 police stations including women's cell to guide me but did not hey any support.rather they told me if the landlord complains,we have to call you to police station .pl help me out
Rajendra K Goyal (Expert) 07 June 2020
There seems no legal solution for this. Landlord has no legal claim against you. They are his tenants. If you have no solution let the situation move at its own.
Raj Kumar Makkad (Expert) 07 June 2020
You are nowhere between the landlord and tenant so police even can do nothing against you. Let the issue be decided by the concerned parties and you need not to go to that locality wherein your mother and sister are residing.
Rajendra K Goyal (Expert) 07 June 2020
If they are not ready to listen to your suggestion, let the solution be before the police at future date.


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