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Safeguard to protect family from troubled sister

(Querist) 12 May 2012 This query is : Resolved 
Sir - My sister is suffering from a complex personality disorder which is evident from her behavior but hasn't been certified by a doctor as she never visits one. She is normal otherwise but sometimes her mood fluctuations make her aggressive, abusive & violent.

She recently had a divorce & is now living with my mother & her daughter at my mothers home. Her behavior sometimes becomes so violent that she physically abuses her daughter which is 8 years old & did physically abused my mother too 2 days back.

She is a danger to my mother, her daughter & herself too & is not in control of anyone. She appears normal to most people in general but me & my family knows that her behavior is so strange which can not be of a normal person.

What is the legal route i can take to safeguard my mother & my sister's daughter from her?

Regards
SK
ajay sethi (Expert) 12 May 2012
consult a psychiatrist , she may be suffering from mental illness . it can be controlled with medicine
Sapandeep k (Querist) 12 May 2012
Thanks for replying Ajay.

The problem is that she is not willing to accept that there is a mental problem. She doesn't visit a psychiatrist. Me & my mom have been to some doctors but doctor cannot help without talking to patient.

From whatever we have gathered the disease looks like Borderline Personality Disorder combined with a couple other disorders. & only cure is counseling & with patients co-operation. But in our case my sister get extremely violent & abusive as soon as anyone brings up this subject.
SAINATH DEVALLA (Expert) 12 May 2012
Dear Sapandeep,

I am sorry to know that you intend to take legal steps to get rid of your sister.Even more chronic mentally ill patients have been cured.You have to take a little more pain and strain to take her to a psychiatrist.After all she is your sister.Ofcourse I understand your situation.Go for hypno theraphy which will be useful.Is she getting any maintenance from her husband?
Sapandeep k (Querist) 12 May 2012
Thanks for a reply sainath.

I know what you are thinking but its a tricky out of control situation. Not even me but my mom who i am sure loves her more than me also now intends to take legal step since she has done everything since last 15 years to persuade her & now her pain & agony is unbearable. Cant explain in words what she is going through

I stay in a different city from my mother home & am usually very busy in my work & only earning member of my family supporting my mother & sisters expenses too.

Providing medical help to her without her co-operation doesnt seem to be an option. Its defiantly easier said than done.
SAINATH DEVALLA (Expert) 12 May 2012
But what I mean to say is,how can you proceed legally?You have not mentioned whether she is getting maintenance for herself and the child.I understand your problem,but as a human being you cannot get rid of her.
Shonee Kapoor (Expert) 12 May 2012
This is not at all a legal problem. Consult a psychatrist.


Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Sapandeep k (Querist) 12 May 2012
Thanks for the reply Shonee.
I know its not a legal problem as of now. But if something wrong happens to my mom, my sisters daughter or herself with her actions, it will become a legal problem for sure.
Should i wait till it happens?
Sapandeep k (Querist) 13 May 2012
Sainath - I logged into this site to ask the same question you are asking i.e. - "How can i proceed legally" to save my mother & my sister's 8 year old daughter from the danger they face from my sister who pretends & seems to be mentally sound but is suffering from a severe & complex personality disorder.

I dont want to get rid of her but want to save my mother & her daughter from her.
V R SHROFF (Expert) 13 May 2012
go to Dr/., not lawyer.
Sapandeep k (Querist) 13 May 2012
Thanks for the reply Mr. shroff.
As told earlier me & my mom have visited few doctors but no doctor can help without patients consent & cooperation which is not there.

So this option is ruled out.

Also as all of you are specialists in indian law, an somebody tell me what
forms of mental illness are
acknowledged as a health problems
in our law?
Guest (Expert) 13 May 2012
Dear Sapandeep,

Probably you have dialled a wrong number. No legal remedy becomes due for your query.

The basic question arises, how you have come to the conclusion that your sister is suffering from a complex personality disorder when any doctor has not declared her so far to be suffering? I don't think you are a medical practitioner or a psychiatrist to decide on such a matter unilaterally.

So, it is better for you first to check how is your homely atmosphere and attitude of your family members towards your sister. Any legal course of action may deteriorate her condition when she is already under trauma of divorce.

Please be aware, even the court law will not accept your contention unless you are able to clinically prove that your sister is a sufferer from complex personality disorder.
SAINATH DEVALLA (Expert) 13 May 2012
Sapandeep,

Your immediate contact is a doctor.Do as said earlier,You have to forcibly get her treated with a psychiatrist.No use of continuing your query.
Sapandeep k (Querist) 29 May 2012
Thanks for your reply Mr. Dhingra.

I can understand your skepticism. In fact 99% of people who i come across are not even aware of what a personality disorder is & how many types of Personality Disorders are there. In our country either a person is considered as Normal or Mental. There is nothing in-between which people here are aware of. General trend is to say that the person's "Nature" is like that only.

Whether the court of law accepts or not, I have no doubt whatsoever that she is suffering from a Complex personality disorder. There are so many websites & forums on internet regd. Personality disorder from where when you discuss patient traits & which provide this help / service very similar to what you are doing on this website for Legal matters.

I have gathered lot of information from these websites in last 12 years to come to this conclusion.

Pls. note - Nothing wrong with our Homely atmosphere.

Just want to understand from you.

"Is there a law in our country which acknowledges Personality Disorders as a illness or not?"

"If Yes, Which all type Personality Disorders are acknowledged as serious mental illnesses under Indian Law?"


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