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Monalisa D (none)     21 July 2014

Stealing affection

Can  a child file a law suit against a married woman who he thinks is having an affair (maybe) with his dad on the grounds of stealing affection and can he also have a restraining order filed against her that would prohibit her from stepping on property that belongs to the child through his dad. This child's parents are divorced. 



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 6 Replies

SRISHAILA.DHARANI (Advocate&consultant)     21 July 2014

yes, but only against her from entering into the property,but through any major relative , since the child is minor.

The child can also give complaint to the police or child protection agency  ,narrating the facts and can seek help from them.

SRISHAILA,ADVOCATE,BANGALORE,9741425514,SDHARANI120@GMAIL.COM

Suneet Gupta (www.vashiadvocates.com)     21 July 2014

The child has no locus standi to file a case against the lady. If his parents are divorced the dad can meet any lady legally. If the lady is married then her husband can file a suit against the dad.

Stealing affections of dad is not a crime, because if he is divorced, he has a right to marry again or otherwise lead a social life. I am not sure there is any scope for any child welfare organizations in this case, unless the lady is mistreating the child.

You have not been clear who the property belongs to. If the property belongs to the dad and the child is only the heir, he has no right to restrict anyone from entering the premises. If the property belongs to the child and the father is the caretaker till the child attains majority, then the child will have to file a suit for change of guardian citing the inadequacy of his dad to be his guardian and caretaker of his property. Then only can he file a suit for trespassing against the lady.

In any case, who are you and what is your relationship to the child. If you are the child, then I would suggest that you put more efforts in your studies and your future rather than trying to curtail the social life of your father. If it is some 'well-wisher' of the child, then please stop poisoning his mind against his father.

Suneet Gupta (www.vashiadvocates.com)     21 July 2014

Since you have already divorced your husband, why are you trying to interfere in his life as of now. Please do not use your child as a pawn to take revenge from your ex-husband. As it is, both of you have already forced him to bear the trauma of separated and divorced parents.

 

Is the child in your custody or in the custody of his dad. If the child is in your custody then there is nothing he can do even about the property, unless the father is destroying or otherwise alienating the property. If the child is in his father's custody, then let him be stay happily without poisoning his mind, or apply for his custody (in your name) citing the father's 'affairs'.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     21 July 2014

nothing left to add, agree with experts

T. Kalaiselvan, Advocate (Advocate)     22 July 2014

Even I am of the same opinion that what better advise can be given than what has been rendered by learned Advocate Mr. Suneet Gupta.  I fully endorse his views and suggestions.

Shantanu Wavhal (Worker)     23 July 2014

what an enthusiasm !!

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