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Sourabh (Student)     19 January 2013

My sister's boyfriend threatening me

Respected Sir and Madam,

Me and my family is facing a unique problem...

My sister is in love with a married man and takes his advice in everything. His wife does not like them both talking and she is against their relationship. We(me,mom and dad) are also against it but she is not listening to any of us and she informs his bf everything that we are opposing them both. His wife was in contact with me and sometimes she kept asking me about the behaviour of my sister at home and how she talks with mom and dad(I dont talk to her from a long time and even she talks with parents very few). Once his wife came to our house and told my sister to marry to some other guy and leave his husband. After that time they came to know that i was in contact with his wife so he started to threaten me not to misguide his wife which i never did. His wife told my sister not to call his husband otherwise she will complaint to police. My sister and her husband were frightened after this act by his wife. But they both (my sister and her bf) have targeted me and tell me that dont talk to my wife else he will do my police complaint. My sister is also against the family and is with her bf. We are in a danger as my parents cannot beat my sister( as she will file a case against us saying "MAHILA PRATAADNA") and cannot support her as she is wrong as her bf's wife is against this relationship. Now they both say that they are just friends.

His bf keeps on misguiding my sister and she is also getting misguided and feels that her family does not like to see her happy. The only person who loves her happiness is her bf.

He is not leaving my sister because she spends a lot of money on him and even he is not taking divorce with his wife.

The most negative point with us is that my sister is in support of his bf. If we file a case against tha married man then my sister will be in full support to him and will tell that her family does not like her happiness and are enemies and then we will be in jail :( .

Plz help....:(

My dad gave her 4lakh rupees when she asked for some property on her name but that was nothing to her. Mom and dad did everything for her happiness but that marriedd man has destroyed the family and the happiness and now facing many problems. :( :(

Plz tell how to legally tackle this matter....!!!!



Learning

 3 Replies

Tajobsindia (Senior Partner )     20 January 2013

1. How did your dad gave her 4 L in cash or by cheque?

2.
Your sister and her married b/f cannot approach jointly or via each others reference to Police or file anything against you or your family rest assured on their such threats which are just empty ballons.

3. One of the legal way is to "disown" your sister / daughter of the family from family property by approaching an Advocate and preparing Paper Adv. of "disownment". The moment such disownment happens she will not have any rights on properties / assets of the family and will be forced to find a place to live on her own OR may mend her ways as she has been provided education, pocket money and has become major age as per Law and one a child attains majority age as per Law s/he is on mercy of parents to live with family or can be thrown out, which informed choice she chooses now will be her informed decision and your family then has nothing to do with her legally and done with facts mentioned sufferings.

4. Another legal option is to approach S.D.
Magistrate and seek protection from major age sister under S. 107 CrPC for not disturbing PEACE (in family; reference to context).

5.
Still another legal approach is to ask your mother to file a Complaint in JFMC Court under DV Act against your Sister, making your father as first respondent and your sister as second respondent in such complaint. Here Protection order is towards "injunction not to stay in shared household" and second one is for "not to disturb peace in my matrimonial home". Here matrimonial home is that of your mother (agrieved person) and not to be confused that it is of your sister's. Protection Order is sought from respondent no. 2 i.e. your major age sister. I believe I am taking your sisters marital status to be that of un-married one (correct me if my observation about marital status of your sister is wrong).

6.
There is still one more legal way which is to file a complaint application before Jurisdiction Police Station mentioning in application that "sister’s b/f is enticing your sister and protection from this b/f who is married person". The moment this complaint application is filed Police is bound to call the married person (her b/f) to Police Station and enquire him at leangth. He will fumble on the spot and pray for mercy and promise for his good behaviour vouchign on his wife (and or his children) and will be let off and later he will complaint to your sister once he is out of the Police Station and will further entice your sister to teach you guys a lesson feeling humilated.
Your sister will then come charging to home and threaten all of you with this and that blah blah. At that time tell her to mend ways or leave house or get married or be disowned or talk to her about society expectations blah blah. She cannot do anything in this complaint case even if she goes on her to police station and tells police she loves this man and further the moment Police speaks to this man’s wife too the whole plutonic love affair with married men when his offical wife has objected will bite dust.

Before you / your family acts on any of the legal opinions here tell your dad to safely keep marriage expenses money for marriage expenses of your sister safely in some deposit, this will come handy at a later stage. Because this is what a adult major un-married daughter under any existing civil OR quasi civil Laws can demand from natural father and till father or mother is live she cannot demand on her own property share if those properties are registered under your mom and/or dad’s name. So find out about the property Title too before acting on any of the above legal opinions.

Above is minimum to maximum your family can do legally. Lastly since your sister is a woman and part of family's flush and blood it is always better to see to her early marriage or settlement as single un-married woman of a family should not be thrown out of house without making provisions for one time safety, security and well being of hers which is just a parting social thought no matter she is currently under influence of a married man but afterall she is family too and an major person where family cannot offfically do much other than any one or all the above legal options. 

Re-read above / discuss with a seasoned Advocate locally found via reference and then take a calm calculated call which legal opinion suits all four members of a family as she is a major un-married empowered female family member.

Chetan Joshi (Advisory/Advocacy)     20 January 2013

Tajobs has suggested apt solutions.......You would have a better idea of the actual picture...

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

Sourabh (Student)     20 January 2013

TaJobs,Thanks for your helpful reply it will be much helpful to me.

4lakh rupees were given in cheque and you are right marital status of my sister is currently is single.

  If we apt for "disownment" then can in any case my sister or her bf can file a case against us.....????

Will this be considered under violence on women..??? I am asking all this because at present time in india more preference is given to women due to which she is considering herself very powerfull and my sister is extremely against us and if she lives in our house then any one suicide is sure in my house either it will be my mom,my dad,me or my sister. She is not at all understanding their parentsand do whatever she likes to.

She is a family but we are nothing to her and are just enemies. She is not understanding her faults,her relationship whomsoever goes against them becomes their enemy. This is what they do.


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