• Advice for injustice suffered during childhood

Hi sir, 
I am a Hindu married 41 year old woman. I would like to know is there anyway I can take action for the childhood suffering. I was sent to my father's elder sister's home as she didn't have child when I was about 7 years old. Because of which my education took a back seat when compared to my other siblings as my aunt is uneducated and was not in a position to provide me good education like my father. Because of which I am still suffering and when compared to my other siblings who are engineers, I am only a degree holder. Is there anyway I can take legal action now since they just took me without even adopting me. I had to suffer a lot of humility even now because of it. There are many related stories to this. Can I get a call to clarify my doubts on this please.
Asked 5 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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21 Answers

You cannot take any legal action against your parents or adoptive mother after lapse of so many years 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Younger sister cannot take action against elder sister 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

I am sorry but you have to clarify more on this so that I can better appreciate the controversy and give advice in this regard.

Regards 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

Yes there are laws which prohibit parents and protect girls if the parents are unduly harsh and strict.

Regards 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

it is the responsibility of the father to take equal care of all children. If you think that you suffered due to lack of proper care then you can file a civil suit for compensation but you have to prove that you have incurred some apparent loss. without proving the loss you would not get any compensation.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

You can try but the limitation part will effect your case and it will be difficult to prove it

Prashant Nayak
Advocate, Mumbai
31805 Answers
175 Consultations

4.1 on 5.0

See no action at this stage is maintainable for such act though it is sad to hear about injustice caused but there is no legal remedy for same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Younger sister cannot take any step against the elder sister, also the younger sister if wish to marry someone and parents are harassing her she can take help of court and police..

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Madam,

Your doubts can be clarified in many ways. You can bring a civil and criminal actions against all the concerned. The only lacuna in your case is of delay it has to be explained properly

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

There is never over, you can pursue higher study even now. Yeah, you won`t get opportunities as if your could have grab in your youth.

And above given facts is not enough and sufficient cause of action to initial legal proceeding at such belated stage.

No action against elder sister, every person is free to choose her life and follow her dreams. 

If you are subjected to molestation or anything like that than legal proceeding is possible.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

you seem to be in depression for the injustice caused to you, but, education alone is not a criterion, 

no law authorises you to take any action against your elder sister for the cause mentioned by you in the query,

Suneel Moudgil
Advocate, Panipat
2380 Answers
6 Consultations

4.8 on 5.0

There is a provision of natural justice in law. Natural justice was not done by your parents to you during your childhood. You have been discreminated in various aspects of your childhood without any sufficient cause and reasons by your parents. It is all parents' duty to take all possible steps towards proper welfare of their children. All it seems that there was no compelling circumstances behind you was sent to your aunt for being brought up there with poor educational support to you. All these made you to suffer loss at later stage of your life besides making you mentally harassed.

So you can sue your parents claiming compensation for causing intentional loss and injury and mental harassment to you by your parents as they have not performed their moral duties to you  as parents. 

You may get natural justice by court. At least I hope so.

 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Eventually there is no protection available for this and you will not get any compensation out of that if you have been given into adoption it is the responsibility of the person who has adopted you to provide basic education and living and at the same time please keep in your mind that every adult have the right to marry in any cost R with any person of his or her choice this is a free country and the law is equal for everybody

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

No case would be maintainable against your parents. 

 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Younger sister cannot take action against her elder sister for marrying outside of her caste as it is not a crime.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

there no such provision in law. you cannot take any action. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

younger sister cannot take any action. 


younger sister cannot take any action. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. What has happened with you is wrong but It is not a tort much less an offence. Hence, you have no cause of action. 

2. Younger sister cannot take any action her elder sister if the latter marries outside caste.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

There is no provision in law for making any complaint against such routine issues which happens in one's life as a normal course.

When you were a kid you were not even knowing what is happening around you, it is only after you grew up that you found that you have been meted with injustice by your parents.

However there is no solution in law for this and this cannot even be considered as an injustice in the eyes of law. 

If you have any other disputes with your parents regarding sharing of ancestral properties you may take it up legally.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

The younger sister cannot take any action against her elder sister just because she married outside her community.

She can fight for her rights if she is an adult by age and if she had been tormented or tortured by her parents with regard to her freedom or wish to marry anyone of her choice.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear Client 

You can try and file a compensation case on your parents for injustice done to you in your childhood and not performing their duties towards you. But that would be maintenable or not depends on the discretion of court because of limitation of time elapsed as your are 41 now. 

And a younger sister can't take any action against elder sister for her marriage in different caste. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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