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Abramchichk (Be The Change)     07 August 2010

Domestic violence

Can  a brother, when complained agaist for starvation and physical and mental abuse of a mentally sick sister, abondon the sister , and leave her to fend for herself , instead of correcting the situation.??????

Can he also at the same time sit on undivided property and business of deceased father.( Mother is also dead )

Should the sister  ask for Maintainance or rent of proprty or division of property , as presently she doesnt have a single rupee.?????

Can law force the brother to look after the sister ???

Regds.

Gurvinder



Learning

 3 Replies

Bhartiya No. 1 (Nationalist)     07 August 2010

U have right over your father' property, u can go for partition, and can ask ur share. Also u have share in rent of property.

As I know unfortunately law can not force the brother to look after the sister. Let us wait fro the opinions of experts.

Suchitra. S (Advocate)     07 August 2010

The girl should file a case of domestic violence against her brother. The Act provides for her maintenance, residence from the property rights she deserves from her parents, and protection needed to her too. As her parents are not there anymore, the court will appoint gaurdian who can take care for her in case she is a minor/ mentally challenged.

1 Like

Hitesh Gupta (B.Com. LL.M.(Cri) ADVOCATE)     07 August 2010

Domestic violence act provides for protection from any male member of the family so it certainly includes brother.. i have come across many such cases where the sister is protected too.. i agree with the opinion given by Ms.Suchitra.. Approach the protection officer of the area and the protection officer would file necessary application to protect her interest in all manners..

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