Harassed by brother's live in relationship companion
Querist :
Anonymous
(Querist) 03 January 2012
This query is : Resolved
Dear Sir,
Require urgent help.
We are a family of elderly parents (both 72 age) and three children. Eldest daughter and youngest daughter are both married. Son is in a live in relationship with women for the past 1 to 2 years.
Youngest daughter husband has gone abroad for 1 year so she is residing with her 9 months old son with the parents as she does not have in laws.
Both daughters are working. House is owned by the father.
Brother live in relationship companion (referred as X) frequently quarrels with him on pretext that he is helping his sisters. Brother is providing everything to this X; since she is uneducated he is taking care of her education (currently pursuing private SSC course), provided gold jewellery worth lack of rupees and over all expenses of X is taken care by my brother as X is not working.
Parents also invite her at home for celebration or any other occasion in the family thinking that she will marry my brother.
On 1st Jan 2011 X and brother had a fight; he came to his parent’s house at 2 a.m. in the night. Around 3.30 a.m. two police constables came in asking for the brother, on inquiry the cops said X lodged a complaint that she was beaten up by my brother. The younger sister was present when the cops came, so she provided information abt the live in relationship and X unwillingness to get married as my brother is a habitual drinker. Also provided information that gold and other requirements are fulfilled by my brother.
X was standing below the building, on the younger sister asking her that why she filed the complaint? X answered it is becoz of u (younger sister). After that he was released by the police. Meanwhile the younger sister got a missed call from X. Subsequently X sends an SMS to me claiming that younger sister should not speak on any issue; they had a quarrel becoz of the younger sister etc.
Today my brother informed me that X does not want me to stay at my parent’s house I should leave this house and go to my husband place.
I am worried becoz last few months back X came with her mother at midnight and started fighting with my brother at our place in my absence. Since my parents are both elderly 72 + and during the day time or even at night we are only parents (both are heart patients), myself and my small baby.
I don’t want X to come to our place and harass us. Is there any remedy which I can seek for protection of parents, self and my baby? Can I lodge any police complaint to avoid any future attack or misbehavior with us by X or her mother?
Pl help as I am under tremendous mental tension becoz I am feeling helpless.
Devajyoti Barman
(Expert) 03 January 2012
Untagged relationships is not without dangers.
Aj the man to immediately severe relation with x as it has the potential of further complications.
Lodge complaint against X .
A prospective DV ase is in the looming.c
Querist :
Anonymous
(Querist) 03 January 2012
Dear Sir,
Brother is not willing to give up on this relationship.
What kind of complaint to be lodged? by self or parents
Will the police accept our complaint?
What is DV? kindly clarify.
Devajyoti Barman
(Expert) 03 January 2012
DV is a case of domestic violence.
If X is making nuisance or intimidating other family members then complaint can be lodged against her and the police is bound to take such complaint.
If the man is not willing to give up then let him suffer.
Querist :
Anonymous
(Querist) 03 January 2012
Dear Sir,
As my mother has arthritis problem she will not be able to go to the police station. Father as already said is heart patient(undergone angiography)is to feeble to go to the police station; he gets chest pain with little amount of tension.
Can i go and lodge complaint?
sharad raghav - 9990549475
(Expert) 03 January 2012
if any person has a legal right to reside somewhere without interferance then he always posses a crospondent right i.e right to enjoy or to get proper remedy in case of its violation.
Devajyoti Barman
(Expert) 03 January 2012
Yes , you can go and lodge complaint on their behalf.
Sanjeev
(Expert) 03 January 2012
No use filing any cases - let your brother sort out the issue as he is still with the lady so if you file any DV case that would again be defended by your brother on her behalf. Its better your brother keep her away from your parents home as they live seperately and keep their fights restricted to their residence.
V R SHROFF
(Expert) 03 January 2012
As you told me she threatened you to kill, Lodge the Police Complaint with her Phone No, recd on your mobile, that she is asking for 5L , or will kill you, as you are asking your part in property of your father, and X want to claim it on death of parents, and keeping relationship, file dv to restrain sale of shares household,and only you are coming in the way.
So your life is in danger due to threat of X,
and she should not come near you, your body and property, and wherever you are residing. You have full right to property as well as residence in your father's house, and X must not come near you or interfere with your residence, as as such, X has no legal relationship, whatever with you or your parents.
You do not utter a single word of any relationship of X with your brother. I needed , let your brother suffer, X will immediately leave a drunkard without income, and your problem will be solved permanently. See that your brother stop paying anything to X, and do not support for few months.
Take help of a Sr. Local Advocate to Draft a Police Complaint, show X is High Handed Lady of bad repute, and X's parents are also of that nature. Darken her morals, expose her, arrange hot knife injury on your body, done by X, and file 236. Advocate will help you.
Cut the Diamond with the Diamond.
Attack is best way to protect, right or wrong. To get Justice, do whatever.
Otherwise also, for sake of money, she will do it , when it may be too late. Your police Complaint once lodged and on record will protect your parents also in future.
Raj Kumar Makkad
(Expert) 03 January 2012
In the given case, it is best to get lodged a police complaint on behalf of your ailing mother as she is the owner of the house and do not want x to be seen in that house.
She may also file a civil suit seeking injunction against x as this is not her legal right to reside therein against hte will of your mother.
Deepak Nair
(Expert) 04 January 2012
Agree with the experts.
File a police complaint as advised stating danger to the life of your parents, yourself and your baby.
Querist :
Anonymous
(Querist) 04 January 2012
Dear Mr. Shroff,
X has not threatened to kill me she wants me to leave my father house.
My parents are very simple and god fearing people (the same is with me) they will never support something which X has not said (threat to kill me).
Regarding stopping my brother from paying or supporting X; he will not listen to me, my elder sister or my parents. Whatever money he earns is blown up on X, my brother hardly gives any money to my parents, it is me who provides them monthly remittance for their maintenance.
As disclosed by my brother they have plan to sell this place and purchase a new property (whether in my brother’s name or X name is not known). After knowing that X want to liquidate the property my father wants to make a will stating that proceeding from sale of house to be divided equally among his three children.
Can u provide a draft for the complaint based on the facts?
Thanking you for sparing your valuable time.
Deepak Nair
(Expert) 04 January 2012
You can still file a complaint to the police stating the facts as you stated and since the matter is involving senior citizens, the police will take appropriate steps.
prabhakar singh
(Expert) 04 January 2012
Take action file FIR in police station
Shonee Kapoor
(Expert) 05 January 2012
Also if the brother is not willing to severe the relationship with X, then it is better to severe the relation with both of them.
Otherwise court cases would make lawyers rich and leave you frustrated.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 08 January 2012
Are you waiting for the threatening. The facts of the case require quick action on your part and you are still want some more chances.
M/s. Y-not legal services
(Expert) 05 January 2012
