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Silent Unboxer   10 July 2021

Neighbour Fighting with me due to Girl friend in house

Respected professional,
I am living in rented flat alone. Yesterday i was with my girlfriend in my flat. suddenly i heard Call bell and when i opened the peoples living in society gathered and started abusing me saying you cannot bring girl in house. I explained that she is my girlfriend and soon we will get married but they said they will file police complaint.
Owner of my house doens't have issue with it but people in society are against this.
Pls help what legal remedy do i have so that my girlfriend can visit my house.


Learning

 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     10 July 2021

You are not living in an individual house.  You are living in society and hence the families of the society/apartment/nearby people never agree with this.  They are correct.

1 Like

Tushar Bansode   10 July 2021

Hello,

Sir I completely understand the situation you’re in right now and this problem is very common in today’s society. I hope this reply helps you.

Firstly I would like to inform you of your rights as a citizen. Article 21 of the Constitution guarantees right to life, and it includes the right to live in relationship within its scope, according to SC landmark judgement S. Khushboo v. Kanniammal.

secondly, I believe the concerned society has no business interfering in your affairs.They can legally take no action. They can merely protest and complain. As long as you and your girlfriend are not indulging in anything unlawful, you have nothing to fear.

As far as the police is concerned, they would take cognisance only if you are creating some kind of a nuisance, which you clearly are not. 

If the members of your society have mutually passed a resolution that people of opposite gender are not allowed, then such a resolution has no standing because it is discriminatory. And hence violates Article 15 of the Constitution.

There are many co-op housing societies that don’t allow guests of opposite gender to enter the house. However such rules are void.

In this case, if the society members keep on harassing you, then you should talk to your landlord. He shall have the right to make a complaint against the society office bearers. The complaint can be made to the police. Also you can file a formal complaint to the co-op housing societies Registrar.

I personally suggest you to not pay heed to such abuser’s, because there are many such people in almost all societies. And promptly make a complaint. Because law helps those who are vigilant, and not those who sleep on their rights

Regards

Tushar Bansode.

 

 

 

 

1 Like

Dr J C Vashista (Advocate)     12 July 2021

It is a social problem which do not involve legal dispute.

However, it is better to consult and engage a local prudent lawyer with relevant records for appreciation of facts, professional advise and necessary proceeding, if you feel

 

 

 

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1 Like

P. Venu (Advocate)     12 July 2021

You can approach the High Court through a Writ Petition and seek protection.

1 Like

Silent Unboxer   17 July 2021

Thank you all the respected professional who have replied.
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