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Privacy

Querist : Anonymous (Querist) 25 December 2011 This query is : Resolved 
Dear Experts,
My brother stays on 1st floor and I on ground floor. He invades my privacy on ground floor by giving lame excuses to come into my area for seeing my ailing father. Can I get an ad-interim injunction to restrain him from coming into my portion. Any judgments will help!!! Thanking all of you.
Nadeem Qureshi (Expert) 25 December 2011
yes, you can file a case for ad-interim injunction to restrain him from coming into your portion before civil Court.
feel free to call
mahendrakumar (Expert) 26 December 2011
what a situation. even a brother's visit to see his father being considered as an invasion of privacy.
Guest (Expert) 26 December 2011
Seems to be quite doubtful. A son (your brother) has the right to see his ailing father. Moreso, without even any slightest doubt, if the property belongs to your father.
Shailesh Kr. Shah (Expert) 26 December 2011
Cause shown by you, it is not tenable before the court unless some other valid reasons.
Devajyoti Barman (Expert) 26 December 2011
Yes , this is not a case of breach of privacy and hence any case of injunction would flatly fall.
It is the right of your brother to see his ailing father at any time he finds it necessary to take care of him.
prabhakar singh (Expert) 26 December 2011
agree with Mr.Barman.

Moreover my experience suggests me that the property is joint[or belonging to your father],only kitchen seems separate then both of you can go every where in every inch of the dwelling is the law.
Deepak Nair (Expert) 26 December 2011
Agree with the views of experts. I don't think you would succeed in getting injunction unless and until any serious reason is shown. In your case, there is no specific reason at all. Your brother is a family member sharing the same house and not an outsider or a stranger.
V R SHROFF (Expert) 27 December 2011
Discuss with few elderly persons and your sister. mother etc, that you are embarrassed, due to sudden visits when you want privacy, , May be your wife dislikes it, and can request your brother to give you a ring, that he want to visit your home.
Probably, you and your wife must not be interfering with privacy of your brother's life, and not visiting his hose often.
Instead of raising issue in court, settle in house.
Your wife can claim privacy. No of visits and timings can be restricted, except unavoidable.


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