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Is there any law to stop family member from contacting and meeting me?


09-Mar-2023 (In Family Law)

Is there any law in India wherein it allows an adult to abstain him / her family members from contacting / meeting her? If yes, how can it be done?

 

Kindly help.

 

Answers (1)

Answer #1
167 votes


Yes, there is a legal recourse for the situation you have stated.

There are two options available to you:

1. Civil: You can file a Suit for Injunction in the competent civil court praying for a permanent injunction / Restraining Order against your family members.

Section 37(2) of the Specific Relief Act states that a permanent injunction can only be granted on the merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff. 

So you need to establish as to how your rights are being effected by the acts of your family member and why should the Restraining Order be passed.

2. Criminal: You can also lodge a criminal complaint for registration of an FIR against your family members for violation of your rights. (To properly guide you with respect to this, we need more details as to how your family members are effecting you)

Both Filing of Criminal Complaint for registration of FIR and filing of Civil "Suit For Injunction" can be done simultaneously also as both civil and criminal remedies are independent from each other and one's outcome does not affect other.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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