in Criminal Law Family Law
Asked May 15, 2017

Harassment by step mother

  • 1 Answer

I am a 35 year old female. I am in a difficult situation, whereby my step mother deviced a plan to indicate on records that she is my real mother (by Date of Birth certificate and influencing and bribing hospital authorities). She openly admitted that she is not my own mother and placed a bet that I would never be able to find my real mother even if I appointed a detective. My father died in 2005. The situation at hand is even worse. I have a possible nexalite/ LTTE terrorist as my sister-in-law (by virtue of marrying my only younger step brother) who keeps track of all my activities and communicates every move to her father, I can openly hear them discuss day and night of new ways of tracking all my activities. My puppet step brother who is greedy and wants to see if any of my skills can benefit him in any way, by either overhearing my conversations on phone or looking for papers that are lying around while am gone is nothing short of an abusive horror. I am very troubled thinking how it took me several years to understand how low they are and how much lower they can fall. I have decided to move out permanently and lose in touch with them, however I want to be rest assured that these set of greedy psychopaths do not get any rights to follow or track me here on forth. What are the steps (in detail if possible) that I can follow to ensure that I can get rid of them permanently? (considering that on the record of hospital Isabellah in Chennai, this woman does show up as the mother!)

Answer 1

You should file a case of harassment under Indian Penal code and also apply for injunction orders against them. You should get a restraining order from the court that will stop your step family from seeing you ever. You can apply for Rule 3 of Order XXXIX of the Code of Civil Procedure, that gives the curt to give temporary interim injunction.

While granting a restraining order the court will observe the following things:

  • whether the moving party will suffer irreparable injury if the relief is not granted;
  • whether the moving party is likely to succeed on the merits of the case;
  • whether the opposing party will be harmed more than the moving party is helped, i.e. he balance of convenience lies with the party requesting for the order.
  • If you want to apply for permenant injuction, then you should do the same under Sub-section (3) of Section 38 of Specific Relief Act . also according to the  Hon'ble Supreme Court has observed that the Court has powers U/s.151 of Civil Procedure Code to issue an injunction in cases not falling within Order XXXIX Rule 1 and 2; however that discretionary power of the court that should be exercised judiciously.




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