My sister relationship with a married man is torturing us

663 votes

Legal Action in Case of Harassment If a person is being harassed by family members (mother, brother, or sister), especially where: consume alcohol and create nuisance, Use abusive or obscene language, Threaten or mentally torture, Create an unsafe living environment, Police Complaint (General Diary / FIR) A complaint can be filed under: Section 351 & 352 BNS (Assault / Criminal Force) – if physical intimidation is involved Injunction Order from Civil Court A civil suit for injunction can be filed seeking restraint against: Harassment Interference in peaceful possession Threatening behaviour or file domestic violence complaint

Advocate Jayatee Chatterjee LawRato

533 votes

Your concern for your mother is completely understandable. However, your sister’s personal relationship, even if with a married man, is not by itself a criminal offence. The immediate issue appears to be her conduct at home and the mental distress being caused to your mother. If your sister’s behaviour amounts to verbal abuse, harassment, or mental cruelty, your mother can seek protection under the appropriate statutory provisions.

Advocate Abdullah Akhtar LawRato

561 votes

In your case as the close family relations are involved the correct approach is consultation and conciliation with the family. Though if things are turning bad, you may choose to disinherit your sister from all family property. You may contact us for a detailed discussion.

Advocate Avinash Gaur LawRato

773 votes

Your concern for your mother’s mental and emotional well-being is completely justified. From what you have described, the issue is not about your sister’s personal relationship choices as such, but about her conduct within the shared household and the impact it is having on your mother’s mental health. Indian law does provide remedies when the behaviour of a family member amounts to mental cruelty, harassment, or disturbance of peace, especially towards an elderly parent. If your mother is being subjected to repeated verbal abuse, humiliation, shouting, aggressive behaviour under the influence of alcohol, or constant mental pressure, this can legally be treated as mental cruelty. Even without physical violence, such conduct is recognised by courts as serious, particularly when it causes emotional distress, anxiety, or depression. Since your mother is suffering mentally and emotionally, she has the right to seek protection and relief. Your mother may approach the local police station and give a written complaint describing the repeated incidents, the abusive behaviour, and its effect on her mental health. The police can issue a warning, counsel your sister, or take preventive action to ensure peace in the house. In many cases, even a formal complaint or counselling by the police helps control such behaviour. If the situation escalates, provisions relating to criminal intimidation, intentional insult, or causing mental harassment may also apply, depending on the facts. Additionally, your mother can seek protection under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, if she is a senior citizen. Under this law, she is entitled to live with dignity and peace in her own home. Authorities can pass orders restraining a child from harassing or ill-treating a parent and can even direct eviction of the abusive child from the shared residence if the circumstances are severe and continuous. From a practical perspective, it is advisable to start by documenting incidents. Maintain a record of dates, nature of arguments, abusive language used, and how it affected your mother. If possible, medical records or consultation notes showing stress, anxiety, or depression will strongly support her case. A calm but firm intervention by elders or a professional family counsellor can also be attempted, but if your sister is unwilling to change her behaviour, legal intervention becomes necessary to protect your mother. The law does not prevent your sister from living her life, but it equally does not permit her to mentally harass or emotionally torture her mother. Your priority should be your mother’s safety, peace, and dignity, and the legal system does support her right to a peaceful life.

Advocate Yuganshu Sharma LawRato

976 votes

Your sister seems to be in a dark place right now. I feel you should get this matter settled out of the court by way of pre litigation mediation. Every court has a designated space for it and people can very well be counselled by highly trained and professional mediators appointed by the court as such.

Advocate Amardeep Singh LawRato