My brother's father-in-law is harassing us
Querist :
Anonymous
(Querist) 30 May 2011
This query is : Resolved
Respected Expert members
I am lawyer not very much versed with civil/criminal law practice.
One year ago my sister-inlaw left the matrimonial home with no cause and demanded huge money and gold from my brother vide her legal notices which we have replied and then I applied for anticipatory bail whcich was rejected as no FIR was registered
Thereafter,I filed the petition under section 9 of HMA before ADJ court and they too contested and finally Petition was withdrawn from the court as my brother's wife agreed to stay with my brother
The court had recorded her statement in which she had made an undertaking that her parents will not interfere in the peaceful environment of the matrimonial home
Few days ago her parents visited our home without intimation and started quareling with my brother and her father too has abused me which I had ignored but last he again visited to our home and this time he had insulted my father and had created disruption in the peaceful environment at home
The hidden fact is that my sister-in-law is not interested to live with us and leaks out every family matter to her family and my brother is not interested to sustain relation with the family of her wife and the outfit of the frustration her father continuously invents new and new way to harass us
Is there any remedy avialble as my sister-in-law had already made undertaking in the court that her parents would not inertfere in the peaceful environment of the home and despite of this her parents randomly visited to our home and abused and passed derogatory remarks by insulting us?
Kindly advise, If any petition or notice are maintainable in the present facts and circumstances I will ready to draft it for his future restraint beacuse I am too fed up with regular insults and creation in the home
G.Sundara Rajan
(Expert) 30 May 2011
From the facts which you have written,
You can definitely send a notice to your brother's in-laws, not to keep harassing your family.
There is no such thing as restraining orders given by Indian courts in cases as these, which actually to term come under invasion of privacy. However, you can file a criminal case against your in-laws for causing nuisance to your family. You may also file a suit for injunction against your in-laws citing the same facts as you have put in your query, and seek an order against them, with a prayer, "not to interfere in the family or visit the premises where your family resides".
Further however, you should note that you cannot represent your brother in the court as per the rules of the Advocates Act, you have engage another counsel for filing the case
Arvind Singh Chauhan
(Expert) 31 May 2011
Rightly advised by Rajan Sir. But I am confused with the last lines "you cannot represent your brother in the court as per the rules of the Advocates Act, you have engage another counsel for filing the case". I think there is no such law.
