• Nuisance created by step mother and neighbour ladies

Dear Sir/Madam,

In small I would like to give a brief history about our family. My father is a retired Air Force personnel retired in 2008. He got remarried to his second wife in 2006 after my mother's demise in 2005. We are two brothers and were studying at that time in New Delhi. She came into family with his son. Seeing his ailing age and lonely life we accepted the proposal and gave due respect and diligence.

Now in 2016, my brother is settled in New Delhi living with his wife and child. I got married two months back. My wife is bank official and I am an IT professional working in Kolkata. 

Now briefing you about the issues in four points :

1. After staying for few months in Kolkata after my graduation, I went to Delhi for job and then to Pune for higher studies. She already tried to tense our relationship with dad by bringing false allegations and mischiefs. As a regular activity we had ignored such scenarios. However, when I returned to Kolkata for job she started having frequent quarrels with my dad. Finally dad came to know that she did not want my presence. Also, she wanted to clarify his portion of property that she will inherit.

2. I got married 2 months back. To ease up pressure of cooking and maintaining household chores, I appointed a maid to look after all household chores. From the starting day, she created constant scenarios of harassment and ill treatment with the cook to leave the job. We consulted and my dad confronted such activities by her. She with the help of other neighbour ladies managed to separate me and my wife from the house on a single day notice. This brought immense mental pressure on my father and also on us.

3. Not only did she stop on this. She is constantly invoking ladies of the neighbour to create mischief's and quarrels and disturb our peace with either my father or me or my wife. The case being repeated on several occassions. Her target is to remove the cook from our separated house also, so that we are pressurized to leave the area and move somewhere else. And disturb my marriage life and with mentally abusing my father.

4. Also, she blames publicly that cook is a thief, a bad natured women, also made derogatory comments as well as used unparliamentary words against my father and my wife. Cook is working for us, almost a year (1st in father's house, then our separated house). But we have never found such activities.

It is our kind request to suggest some legal or pre legal procedures, so that we can bring peace to our lives.

If we move to a different area, it will break my father and me. Also, no one can guarantee his safety, of we move.

Regards!

Awaiting some reply.
Asked 7 years ago in Criminal Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

5 Answers

1) dont bow down to such pressure tactics

2) your father should during his lifetime execute gift deed in your and your brother favour for the property

3) file police complaint against his wife for criminal intimidation under section 506 of IPC

4) in the alternative let your father sell the house . purchase smaller house for himself and his wife and give you and your brother share in property

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

1. The problem is more personal than legal. No legal intervention can bring peace in the family.

2. You have two options in the present scenario- i. To ignore her tantrum and stay in the same premises, ii. To get separated from them which would make her victorious.

3. If your wife wishes she can file case u/s 498A IPc but in that event the name of your father would also crop up.

4. So resolve the dispute amicably. The legal recourse would not give your desired result.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. Collect evidence of such acts and behaviour of your step mother and the neighbours.

2. After that lodge a police complaint against them submitting evidence in support of your allegation.

3. it will be of great help to you if your father also joins you in lodging the said police complaint.

4. If police fails to take any action, you can file a petition u/s156(3) of Cr.P.C praying for a direction upon the police to investigate and act based on your complaint treating it as FIR.

5. Once police sets in to action, they will be tamed down.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Who is the owner of the house? If the owner is your father then he can file a police complaint against your step-mother. The owner alone can evict you from the house. If your father permits you reside in the house then your wife can file a DV case to seek protection order against your step-mother. This is the maximum that you can do in the present scenario.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If you feel that your father is being troubled or tortured by the second wife, you may take him also with you to a place far off from her, let she live alone in that house.

The solution for this is to keep away from her at a distant place so that you do not have to confront her again and again.

Why do you insist on staying in the same locality despite being reminded about her nagging character and torturous nature.

If you are worried about your father's peace too, then you can take him away with you to your place far away from her residence.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer