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Dear Client,
In the given scenario, you have the following legal remedies to resolve the harassment from your brother. 1) By serving a legal notice you can file a complaint against your errant and unruly brother who subjected you to domestic violence or harassment at the local police station under Section 12 of the PWDV Act, 2005. Under Section 12(1) of the Protection of Women from Domestic Violence Act, an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application directly to the Magistrate seeking one or more reliefs under this Act that include right to reside in a shared household, prohibitory order and residence order. 2) you can file a petition before the Civil Court under Section 37(2) or 38 of the Specific Relief Act, 1963 seeking a permanent injunction on the subject. A permanent injunction, popularly referred to as perpetual injunction, can be granted by the court by passing a decree made after a hearing and upon the merits of the case. Once such decree is passed, the defendant is permanently prohibited from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff. The grant of an injunction is subject to the provisions of Order 39, Section 94 (c) and (e) of the Code of Civil Procedure 1908 & Section 37(2) of the Specific Relief Act 1963. Apart from this, you can file a private complaint against your brother in the court of the Magistrate under Section 223 of BNSS which outlines the procedure for a Magistrate to take cognizance of an offence. Upon receiving a complaint, the magistrate must examine the complainant and any witnesses present. This examination is conducted under oath, and the substance of the examination is documented and signed by the complainant, witnesses, and the magistrate. If the magistrate finds sufficient grounds for proceeding with the case, he may issue a summons or warrant to the accused under Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. If required, take the service of an experienced property lawyer to navigate the issue in the right way.
Posted On 26-Nov-2024
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