Family issue

Question

► Sir I am bigger sister in my house and I have two younger siblings one brother and one small sister sir actually my younger brother is five years smaller than me and he don't wants me to live in house when his plan didn't worked he started not talking with me and started harrassment with me that I am the owner of this house and you have no right to talk to anyone in family when family members ask that where is your sister he says I don't know my marital status is unmarried right now he beaten me that you are very much outsider kind of person and you are very ugly and seriously I am telling I have no contact with any outsider I have faced this kind of harrassment for 5 to 6 years till now so I have tolden my parents that I don't want to be in any kind of contact with my brother they said ok but now they again started forcing me that he is your younger brother and you have only one brother what other relatives think of us .sir I am very much disturbed what to do or what not to do

Answer 1

Dear Client,

In India, abuse in the case of siblings living together is treated according to the Protection of Women from Domestic Violence Act, 2005 (PWDVA). This law allows you to file for a protection order in front of a magistrate to stop any abusive behaviour towards you and also a residence order which allows you to stay at your own house safely. This law can also categorize assault and threats of assault as offences under the Bharatiya Nyaya Sanhita (BNS) like 'causing hurt' or 'criminal intimidation'. You aren’t forced by any law to maintain a relationship with any abusive family member, arriving at a decision because of society or parents. Call the Women’s Helpline (1091) or visit a legal aid clinic if you want to discuss your options.

I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you

Answer 2

Dear Madam,

File a complaint under the Protection of Women from Domestic Violence Act, 2005

This Act covers verbal, emotional, economic, and physical abuse.

You can file it against your brother through:

The local police station, or

The Protection Officer (usually located at the taluk or district level), or

Directly in the Magistrate Court with the help of a lawyer.

The court can order:

Your right to reside in the house (even if it’s in your parents’ or brother’s name),

Protection order restraining him from harassing or contacting you,

Monetary relief if you are financially dependent.

If you don’t want to go through a full case yet, at least file a non-cognizable complaint (NC) or a Domestic Incident Report (DIR) to officially record the harassment.

Answer 3

Immediately document all incidents (messages, witnesses, medical records if any).

If you feel unsafe, stay with a trusted friend/relative and avoid direct confrontation.

You may send a legal notice through an advocate to your brother and family asserting your rights and demanding non-interference.

Answer 4

Hello,

You case looks more of a family pressure and mental harrasment issue. However, your query does not contain relevant specifics which need to be dealt with before giving you any suggestive answers.

Please file a complaint for harassment as against your younger brother in the local P.S. and for more details on how to proceed. Please feel free to connect.

Family issue

4 Answers