Too much mental torture and abuse by my aunt (father's sister)
5 years ago
This is to inform you that we recite in my grandfather's house which is owned by him only . Now his daughter that is my aunt visits our house twice or thrice a week and abuses with lots of slangs to me and my mother without any reason and also does too much mental torture to us .my grandparents doesn't say her anything we have requested her many times to not to come in our house but she doesn't listen to US and tell us that that is her right that she can visit her father's house anytime she wants.
Also let me tell you about her nature is that she is very violent loud and abusive please tell me what should I do in this case because we cannot live like this please tell me what should we do shall we go to local women police station and file report against her or should we file a Suit against her or shall we file a restraining order against her?? I just want her to stop from coming our house and abuse us like this. Note she is a widow of 55 years old.
One need to know the reasons of her enmity.Please share the details of the case history.What apparently looks like is you need have a counselling session with a professional social worker/family counselor. Next stage would be legal steps to be suggested for immediate action.
It is up to you to decide.On hearing we may suggest for an Advocate from Vidhikarya.com to take up your case.
Shanti Ranjan Behera,Advocate
Deepak Yashwantrao Bade
Responded 5 years ago
ARPIT BATRA
Responded 5 years ago
Rajender Prasad
Responded 5 years ago
Sushama
Responded 5 years ago
You may lodge a report against your aunt. Even if you may file a criminal complaint in the court against her.
Anonymous
Replied 5 years ago
Thank you for your precious time. what I want right now is just to stop her from coming in our house. is there any way by which I can do that ???because my aunt says that it's her right to come in our house because this house is of her father so please tell me is there any way so that we can stop her from coming. Please help. Can we pass any order against her so that she can stay away from us?
Sushama
Replied 5 years ago
Hello
You can't stop to your aunt to meet her father and mother instead of that, if your aunt tourtures you then you may file police complaint or criminal case in the court against her.
Your mother can file Domestic Violence case against her as per following SC judgment
Supreme Court of India
Hiral P. Harsora And Ors vs Kusum Narottamdas Harsora And Ors on 6 October, 2016
Author: ……………………J.
Bench: Kurian Joseph, Rohinton Fali Nariman
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10084 of 2016
(ARISING OUT OF SLP (CIVIL) NO. 9132 OF 2015)
HIRAL P. HARSORA AND ORS. …APPELLANTS
VERSUS
KUSUM NAROTTAMDAS HARSORA
AND ORS. …RESPONDENTS
J U D G M E N T
R.F. Nariman, J.
1. Leave granted.
2. The present appeal arises out of a judgment dated 25.9.2014 of a Division Bench of the Bombay High Court. It raises an important question as to the constitutional validity of Section 2(q) of the Protection of Women from Domestic Violence Act, 2005, (hereinafter referred to as “the 2005 Act”).
3. On 3.4.2007, Kusum Narottam Harsora and her mother Pushpa Narottam Harsora filed a complaint under the 2005 Act against Pradeep, the brother/son, and his wife, and two sisters/daughters, alleging various acts of violence against them. The said complaint was withdrawn on 27.6.2007 with liberty to file a fresh complaint.
4. Nothing happened for over three years till the same duo of mother and daughter filed two separate complaints against the same respondents in October, 2010. An application was moved before the learned Metropolitan Magistrate for a discharge of respondent Nos. 2 to 4 stating that as the complaint was made under Section 2(a) read with Section 2(q) of the 2005 Act, it can only be made against an adult male person and the three respondents not being adult male persons were, therefore, required to be discharged. The Metropolitan Magistrate passed an order dated 5.1.2012 in which such discharge was refused. In a writ petition filed against the said order, on 15.2.2012, the Bombay High Court, on a literal construction of the 2005 Act, discharged the aforesaid three respondents from the complaint. We have been informed that this order has since attained finality.
5. The present proceedings arise because mother and daughter have now filed a writ petition, being writ petition No.300/2013, in which the constitutional validity of Section 2(q) has been challenged. Though the writ petition was amended, there was no prayer seeking any interference with the order dated 15.2.2012, which, as has already been stated hereinabove, has attained finality.
6. The Bombay High Court by the impugned judgment dated 25.9.2014 has held that Section 2(q) needs to be read down in the following manner:-
“In view of the above discussion and in view of the fact that the decision of the Delhi High Court in Kusum Lata Sharma's case has not been disturbed by the Supreme Court, we are inclined to read down the provisions of section 2(q) of the DV Act and to hold that the provisions of "respondent" in section 2(q) of the DV Act is not to be read in isolation but has to be read as a part of the scheme of the DV Act, and particularly along with the definitions of "aggrieved person", “domestic relationship" and "shared household" in clauses (a), (f) and (s) of section 2 of the DV Act. If so read, the complaint alleging acts of domestic violence is maintainable not only against an adult male person who is son or brother, who is or has been in a domestic relationship with the aggrieved complainant- mother or sister, but the complaint can also be filed against a relative of the son or brother including wife of the son / wife of the brother and sisters of the male respondent. In other words, in our view, the complaint against the daughter-in-law, daughters or sisters would be maintainable under the provisions of the DV Act, where they are co- respondent/s in a complaint against an adult male person, who is or has been in a domestic relationship with the complainant and such co- respondent/s. It must, of course, be held that a complaint under the DV Act would not be maintainable against daughter-in-law, sister-in- law or sister of the complainant, if no complaint is filed against an adult male person of the family.”
For full procedure contact me through Vidhikarya.
Anonymous
Replied 5 years ago
Thank you for your precious time. what I want right now is just to stop her from coming in our house. is there any way by which I can do that ???because my aunt says that it's her right to come in our house because this house is of her father so please tell me is there any way so that we can stop her from coming. Please help. Can we pass any order against her so that she can stay away from us?
Rameshwar Dadhe
Responded 5 years ago
Vishwabandhu
Responded 5 years ago
Anonymous
Replied 5 years ago
Thank you for your precious time. what I want right now is just to stop her from coming in our house. is there any way by which I can do that ???because my aunt says that it's her right to come in our house because this house is of her father so please tell me is there any way so that we can stop her from coming. Please help. Can we pass any order against her so that she can stay away from us?
Vishwabandhu
Replied 5 years ago
Dear Client there is no other legal way eccept to lodge an FIR against her.
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