• Family fights

If my sister comes to my home where I stay with my mom dad n wife, and starts fighting ,
is there any law by which she is not allowed to enter my home as my parents also wants the same,
2nd questions , my sister daughter stay with us from childhood n we take care of her studies, she is 6 year old, now due fight she want to take her back, we just want that she complete her this year of studies n go , as she is half way complete her studies this year
Asked 1 year ago in Family Law from Mumbai, Maharashtra
Religion: Muslim
1) who is the owner of the house ?

2) if you or  your parents  are the owners  you can move court and obtain an injunction restraining your sister from disturbing your peaceful possession of the house and from entering your house 

3) you cannot stop your sister from taking her daughter as she is the mother of the child
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Hello,
1) You have the option to file a police complaint against your sister in the local police station. The police will call and warn her against such nuisance.

2) you cannot stop your sister from taking away her daughter. She is the natural guardian. Unfortunately you have no legal remedies in allowing her to complete her current year of schooling if get mother desires against it.

3) Considering the interest and well being of the child try for an amicable settlement of the family dispute. Insistence on keeping the daughter with you will become counter productive as your sister can allege that you have illegally detained get daughter and that is the cause of all contention.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1) move court and obtain orders restraining your  sister from entering your house 

2) give her the custody of her daughter 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. The owner of house can file civil suit for injunction so the a particular person is restrained by court order not to enter into the same.
2. Since she is the mother of the child she can be allowed to take the child with her.
3. Do not remain in the dispute and handover the child to her unless the child is not ready and willing to go with her mother.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
1. Since it is your house you can ask your sister not to come there,

2. if she refuses to listen, you can file a police complaint followed by an application before the Court praying for a direction upon your sister restraining her visit to your house,

3. She can take back her daughter from you which you can not stop.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. First of al take anticipatory bail from the Court against the FIR,

2. After that pray for restrain order from the Court as advised in my earlier post,

3.Contest the case/complaint  filed by her fittingly showing evidence that her daughter is staying with you since her 6  months of age as per the wish of your sister.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
You can file for injunction against the sister whereby the court will direct her to stop her nuisance and not enter your house. 

Secondly do you have any written consent from her side that she has given you the right to look after her daughter? She being the mother she can claim custody of the daughter. 

Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0
1. The owner of the house can seek a restraint order against your sister. 

2. Your sister has the first right to get the custody of her daughter. She can file a case for child custody in this regard, which you will be allowed to contest on the ground that you are providing for the welfare of the child.

3. In so far as the police complaint is concerned you should take bail to preempt your arrest if the case is lodged. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Your sister once married, her matrimonial home will be the place where her husband lives.  She can visit the parents house on friendly and occasional visits only but not with any right to claim any share if the property is her parents self acquired property and they object her entry into the house for any reason.
However, she has all the rights over her child especially if she has not given the child in a legal adoption to your parents. You cannot object or obstruct her claim.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0

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