• How to file DVA case against my Sister In Law and Mother in Law?

I have been married for  1yrs and 3 months, but lived with my husband only for 4 months. Mine is a love marriage which is accepted by both sides but not favored by my mother in law or sister in law.  My MIL got heart issues during marriage and close to the marriage date they tried to cancel the marriage stating some reason . But the marriage happened and all went fine. On day 1 of marriage itself my MIL was admitted in hospital for by pass surgery and my husband stayed in hospital with her. I stayed with my Father in law and Sister in law. My sister in law didnt like me in house and she always complain about me to my husband and continuously injected negativity about me. He use to call him and say bad things about me which he believed as he didnt stay with me. After surgery they stayed in a hotel instead of coming back to home and I was made to stay with my parents as my SIL claimed me as a threat to MIL's life. They all stayed in hotel for four months stating my MIL health condition and I was living with my parents. After four months i rejoined the family. Both MIL and SIL will ponder my husband with lot of complaints and issues on me everyday which almost stopped all talk between me and my husband.They injected negativity in him about me and prove that he made bad choice of marrying me.  Day by day that made him lose interest in me. My sister in law always stays with us as she has issues with her husband and now creates problem in my marriage life. Daily they will gossip about me, back bite about me to servant maids and many indirect harrement. Late my SIL started to abuse me openly , ditching my character and values.They abused my family as well. Finally they played the game by saying that I am not giving respect to them and ill treating them and they wanted to leave the house if i continue to stay along. My husband then asked me leave the house. This struggle was going on between us. The situaiton bursted out when my parents came to see in mid night - cos they tried to reach me over phone the entire day and I couldnt answer because of all the hard time i was facing in my home. I totally forgot about my mobile or anything for that matter. My parents visit created frustrated in them and they asked me to leave immediately and demanded a signed document from me and my parents assuring my safety in my Marital house and my parents will not sue my inlaws if any thing happens to me in that house. They told they are afraid of my parents behaviour as they visit at odd hours. But it was just a reason at the tip of the situation.After four months of life with him I departed where everyone harresed me to the maximum and asked me to leave.  After then we tried to talk and bring things back to normal. But nothing helped.. it added more hard feeling only. They want to have my husband as a son and care taker of my sister in law as she is living away from her husband with kid. They dont want me to get the priority in house .. also pressure me with house work and comment as i am incapable to do anything. Etc Etc. But my husband had love for me which was diminished by their emotional play and emotional black mile.. I want to complaint on them - both my MIL and SIL as they screwed up my marriage life.. I dont have any recording or messages of my SIL Or MIL conversation. I have only the online transactions of money they demanded. In this situation 
1.How can I log a complaint against them? Cos there is no much evidence? All happened verbally and inside house. They always claim that I am lying.
2.is there a way I can get help from court to make my husband live with me in a seperate house for some period of time to see if that will make this marriage work? Atleast an court order to live in next to next house with seperate kitchen and living space so that he can take care of both me and his family. Please let me know the chances of making this work if any.
3. if not, what are the ways to punish them for their deeds? They can just move on easily.
4. if this leads to divorce, can i get back the money i transferred to them?

Please help with your suggestions.
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

1) file 498A case against mother in law , sister in law husband for dowry harassment

2) rely upon online transfer of funds made into their account

3) also file Dv case against husband, in laws , sister in law and seek protection order , right to stay in matrimonial home , maintenance compensation for mental torture undergone by you, return of your streedhan

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. To file case under PWDV Act or u/s 498A IPC verbal allegations are enough. You do not need documentary evidence.

2.Unless and until your husband agrees you can not file any case in court seeking separate stay with your husband.

3. If you lodge complaint with the local Police u/s 498A IPC your in laws may be arrested and prosecuted for their offences.

4.Divorce occurs if your husband does not want to live with you any more.

5. In the 406 IPC case you can claim return of stridhan articles . In the case under PWDV Act you can seek monthly maintenance from your husband if you are unemployed.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. If you feel that they are t root cause for the debacle in your married life then you may very well file a domestic violence case against them, and if there was any demand for money from you or your parents, then you may book them for dowry demand case also.

2. The court may at its discretion in a decision to your RCR case may pass an order if you make a prayer that way. There is no provision in law for that.

3. You take the help of law, which will do its duty.

4. Getting money depends on what action you have initiated for recovery

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1. You should file a DV case against your in-laws to seek right to protection and unhindered residence in the shared household of your husband. The DV court can issue injunction to restrain your in-laws from interfering in your marital life.

2. Under the DV Act you can also seek an alternate accommodation from your husband. The court can also send you and your husband to mediation and direct your husband to reside with you in a separate house for a few months. Mediation by the court with binding directions can end the turmoil in marriage.

3. In the event of divorce you can only claim maintenance from your husband, not the expenses incurred on marriage.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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