Legal Question in Family Law in India

Hi.. I have a son who has been harassing me and my wife for last several years. i have been keeping mum about this fearing social embarrassment but now the situation has got out of hand and is now beyond mental tolerance.. my wife now fears for her life as he has threatened her several times (however he has not done so in my presence).. having said that he has threatened my other son in my presence but i let it go as it was a one off incident.. He uses extremely foul language while speaking to my wife in my presence or otherwise.. I'm really frustrated and want him out of my house (me and my wife jointly own the house).. He is now married and has a kid but still lives in my house.. he doesn't earn a dime..! He is a complete liability on me along with his family.. I want to put an end to my agony.. Kindly advice..


Asked on 6/26/14, 7:57 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

you have two remedies. One Civil - He is simply a licencee staying in your house without licence fee and out of love and affection, a son normally would have from parents. Before that you have to give him a notice asking him to leave or else pay a licence fee of market rent.

Second - Criminal. File a police complaint giving details of his threat be it may to your wife or to younger son and his attitude towards the family, about the breach of peace and tranquillity of the family. You may also file a writ petition seeking directions to the police to take strict action against him and to let you live peacefully at the age of aches and pains. Alternatively, your wife may write to National Commission for Women. Or let your wife file a criminal complaint to the Protection Officer under Protection of Women from Domestic Violence - in particular Right of Residence and restraining his entry into her (wife) residence. Your wife is entitled to free legal aid from the state.

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Answered on 6/26/14, 9:23 am
shiv shakner saini saini law

I do agree with Above answer.

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Answered on 7/16/14, 11:31 pm


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