What are my rights as a daughter if m other sister trying to disconnect me from.my mother

Posted Fri, Mar 7, 2025 2:43 PM

In Pakistan, civil law, including family and personal rights, is governed by a combination of Islamic law, statutory law, and judicial precedents. Your situation involves the right to maintain contact with your mother, which falls under personal rights, family law, and possibly guardianship laws.

Right to Parental Care and Contact:

• There is no direct statutory provision that prevents an adult child from meeting their parent unless the parent is legally declared incapable of making independent decisions (e.g., due to mental incapacity).
• If your mother is of sound mind and wants to communicate with you, your sister cannot legally prevent you from doing so.

Right to Seek Legal Intervention (Habeas Corpus or Civil Suit):

• If your sister is unlawfully confining or restricting access to your mother, you may file a habeas corpus petition in the relevant High Court.
• This can compel the court to produce your mother and verify whether she is being held against her will.

Guardianship and Custody Considerations:

• If your mother is elderly and unable to make independent decisions, she may come under the guardianship of a legal heir. However, this does not give your sister the exclusive right to isolate her.
• The Guardians and Wards Act, 1890, may apply if your mother is incapacitated and a legal guardian is needed.

Protection Against Harassment & Illegal Detention:

• If there is undue influence, coercion, or illegal restriction on meeting your mother, you can file a complaint under Section 491 of the Code of Criminal Procedure (CrPC) for unlawful confinement.
• If your sister is preventing communication through psychological or emotional abuse, you may seek intervention under the Pakistan Penal Code (PPC) or Family Laws.

Legal Remedies are Available at SJ Law Experts, Islamabad:

Mediation & Family Resolution:

• Before approaching the courts, you may try mediation with elders or legal professionals to resolve the issue amicably.

Filing a Civil Suit for Access Rights:

• You may file a civil suit in the Family Court seeking an order that allows you equal access and communication rights with your mother.

Police or Court Intervention:

• If the situation escalates, a criminal complaint or a request for police intervention can be filed, especially if you suspect elder abuse.

Conclusion:

You have the legal right to communicate with and visit your mother if she consents. Your sister cannot arbitrarily deny you this right. If the issue persists, legal action through a habeas corpus petition, civil suit, or mediation may be necessary to ensure your access is not unfairly restricted.

Would you like assistance in drafting a legal notice or petition? Contact SJ Law Experts, Islamabad or call at 0335-411-2288.

Posted Fri, Mar 7, 2025 4:26 PM

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