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Nitesh Kumar (Manager (O))     22 August 2012

How to cut off family relation with uncle's family !!!

Dear All,

I am residing in new delhi. My Tauji has recently died and he has one daughter (19 yrs old) and his wife is mentally weak. Now, after my tauji's death, my family and my chacha ji's family is taking care of them. Now, after the one month of my tauji's death we got to knnow that my tauji's daughter is indulge in some bad activities and she has very bad image around society and all because of her, mine both families are suffering. She always blames/complains about how much she feel inseucre at our home. Now, neither she nor we wants her to stay with us.

Kindly tell me the legal procedure that how can we legally end relations with her, so that she wont be able to put blame on us for she does or will do in future.

 

I hope i am able to clear my point of view and sincere thanks to all the replicants.

 



Learning

 3 Replies

Ranee....... (NA)     22 August 2012

if their is property issue, get settled it amicably or filing partition suit.

19 year old girl is young enough to understand what she is doing,so you or other elderly people in the family should not leave her at her will.She is your sister, you have some duties towards her.

Tajobsindia (Senior Partner )     23 August 2012

1. You and your Uncle have put your and his family into a very tricky legal position by accepting them in either household. I am not sure from your brief actually in whose household “female cousin” is residing.

2. However there are very few legal remedies available in hand for you / uncle to act upon;

One – Debar them via a Public Notice.
Two – Pool financially from both you and your uncle’s family resources and  secure them in a halfway Home with mental assistance personal (as in nursing care 24x7) in attendance and “cousin” also lives there as now-a-days quite good residential mental institutionals have come up in NCR's.
Third – Honestly in 1 sheet of paper jointly (you and your uncle’s side) write about “un-social acts” of your “cousin” and submit as Information to local jurisdiction police station with receiving stamp and signature under GD Entry with prayer that you and your Uncle’s family should not be responsible for her “un-social” acts of omissions / commissions.
Forth – Put aunt in a mental institution with pooled payment for residential treatment and assuring her and female cousin about relatives social visits to check on her welfare and also encourage “cousin” for hostel stay for higher studies to her liking wherein further finances are pooled from your and your Uncle’s side and later get her married to her liking within rest of the resources that you both are now left with.

In today’s society an 19 years old is called adult (major) person and one should not take shelter under gender sentiments / emotions. Same way a male 19 years old if thought to be involved into “un / anti social activities” then above time pass female writer will keep quite and restrain herself from commenting a single line which is called "gender biasness" .

 

Parents / Elders once taught lessons of social life-living and given education to children and once children becomes major age, they are free to do their own things and are at “mercy” of parents / elders / relatives to live in same house or outside.

Returning to Para 1 on usage of “tricky legal position” the reason behind using it here is like this; an 19 years old female born from your tauji’s (I think literally it means your fathers older brother) can very well use Complaint under DV Act for “right to residence and restraining Order not to evict her and her mental mother” from “relatives of her late father’s”residence” and can also claim for moniterary compensation under “mental health treatment for her mental widow mother” as well as also claim for “her maintenance” from relatives of her late father all under twisting wide meaning of “domestic relationship” as in The Act, 2005 and beauty of this Bharat Ratna Act is that some trial Court will allow her prayers which is one. Your 19 years old “female cousin” can also file an Application on behalf of her “mental mother” having mental ailment read with old age (senior citizen) medical certificates for Maintenance and residence in lieu of shared household for her mother under
Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Here all she has to do in a plain paper is to decalre herself as “guardian” of her “mental sick mother” Tribunal precedents will allow such "guardianship" and such case laws do exists as to what I am showing you and your uncle as larger picture for things to come.

Now here is inward reading before making a call on remedies suggested;

- Late coming home.
- Clubbing / Partying.
- Chatting long hours.
- Having one to many boyfriends.
- Not participating in household chores being guests to a Home.
- Emotional effects of being fatherless child.
- Promiscuity.
- Poverty.
- Education.         
are not
un-social” acts of omissions/commissions to take call on either of the above remedies suggested.

Whereas;
- Drinking
- Drugs
- Unsafe pregnancies
- Stealing for pocket money
- Shoplifting
- Leaving home unannounced and coming back after thrills and chills of life are momentarily done with.

are some of the  
un-social” acts of omissions/commissions to take call on either of the above remedies suggested.


Read signs – symptoms / talk about it / discuss neutrally between families / among relatives showing larger picture and provide internally best logical social - harmonious solutions as once either parties approach adversial Courts the situation becomes bad to worse for all siblings and elders to handle as it is question of two women and Indian Courts loves elasticating all sorts of women’s issues more than showing sympathy to male patriarchal social cohabitation in such empowernment matters.

Ranee....... (NA)     23 August 2012

She always blames/complains about how much she feel inseucre at our home

 

why she say so?

where were they living before your tauji's death??

where was tauji's own residence where this 19 year old was living  with her parents?


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