I am a working mother, and I leave my children (aged 5 and 3) with my parents during the day for daycare. My parents have two neighbors, who are forever picking fights with my parents. Both my parents are senior citizens. Of late these pesky neighbors have started threatening my little children, and they threaten us by telling us not to bring our children over to my parents for the day. One of them also threatened that he was going to physically harm the children, but verbally. The other went to the extent of sending us an SMS from his phone. What legal recourse do I have to set these people right?
1. What SMS was sent to you? What was its content?
2. Try to collect evidence of their said threats by audio/video recording their conversations.
3. After that lodge a police complaint against them for giving you and your kid threats of physical harm.
4. If they still continue to act as it is, file a Writ Petition before the High Court against Police inaction praying for relief.
1) file police complaint against neighbour under section 506 of IPC for criminal intimidation
2) also lodge complaint with secretary of society wherein your parents are residing
Dear Concerned,
You need to file a complaint to the cops of this behavior of the neighbors, please advice you parents that next time these neighbors creates issues they should call the police , on the basis of SMS you can still go ahead and file a complaint - an action against these neighbors can be taken.
Best of Luck
The contents of the SMS were "Don't leave ur children in ur father in law resi from tomorrow because this is not free hostel". The complicating factor is that these 2 neighbors hold the posts of President / Secretary / Treasurer and keep rotating these posts within themselves. So complaining to Secretary is out of question. The threat of physical harm to children was delivered verbally, of which I do not have a recording.
1) SMS sent by neighbour does not amount to criminal intimidation
2) it merely says don't leave your children in father in law residence
3) next time they threaten you record the conversation
4) you can reply to SMS to neighbour not to interfere in your personal family matters
1. Lodge a police complaint as suggested in my earlier post submitting printout of the said SMS as evidence in support of your allegation.
2. Keeping grandchildren with their grandparents is perfectly alright in any prevailing culture of any Country in the world.
3. As per their arguments, keeping own children also will be objected by them on the ground that your home is not a hostel.
4. They have no right or locus standi to take objection in to the said matter.
you can file a complaint of NCR before the court or police station respectively under section 352/511 IPC. it does not matter that they are secretary or any other person, they committed attempt to assault so legal proceeding should be initiated.
Immediately go to the nearest police station to file a FIR for criminal intimidation under section 506 IPC against the neighbours. By sending the SMS he has created evidence against himself, so go to the police station to lodge the FIR. It is immaterial which posts they hold.
The annoyance of the neighbors can be dealt with properly by first sending them a legal notice instructing them to restrict themselves for issuing or posing such threats.
You can also add that they have no rights to ask you to not send your children to your parents' house.
You may mention that you would initiate proper legal actions including a police complaint for harassment and other offences.
The treats posed or sent through SMS are evidence that they indulge in an illegal act.
They cannot say who to come to your parents house and who not.
You can adopt the steps suggested.