• Domestic violence by in-laws

Hello,
i am a working women, 3days back my husband forced me to move put of his house for no reason at 9pm in night and my in-laws supported him. every month they take my whole salary & leave me penny less otherwise they torture me, in last 1.5year i gave them more than 10lacs rupees of my salary. My 2.5year old daughter is with them. they torture me mentally everyday for no reason or some useless reasons. 4years of my marriage has been full of torture & sufferings...now they are asking me to get car from parents place & give them 5lac rupees as my daughter's expense since its not a son. 
i want to know does a women has any right on her husband's home? how can he force her to leave at night? and if a women is not giving her salary to in-laws does she has right to stay in that house? .. shall i file complaint in domestic violence cell?
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

You have right to stay in your matrimonial home

2) file DV case and seek protection order against husband and in laws

3) seek custody ofnyiyr daughter and maintenance

3) also file complaint against Husband, in laws for dowry harassment and seek return of your streedhan , Rs 10 lakhs paid by you

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under:

i want to know does a women has any right on her husband's home?

Opinion: If the House is women's matrimonial Home as sharehousehold then she has a right to reside there and the court have power to pass an order Under section 19 of Protection of Women From Domestic Violence Act-2005.

how can he force her to leave at night?

Opinion: legally he has no right to throw out his wife, he committed an act of domestic violence and they can be prosecuted before the Magistrate Court under Domestic Violence Act-2005.

and if a women is not giving her salary to in-laws does she has right to stay in that house?

Opinion: Forcefully taken salary of Daughter-in-Law/Wife is illegal and the wife/women can claim her loss of earning or amount given to them by filing domestic violence complaint before magistrate U/s 12 of Protection of women from domestic violence Act-2005 along with section 17,18,19,20,21 & 22 of Act and claim protection, right to residence, monetary relief, child custody and compensation.

.. shall i file complaint in domestic violence cell?

Opinion: Yes, you may file the complaint against them before Magistrate or Protection Officer appointed by Govt.

It will be better to file the criminal complaint U/s 12 of Act before magistrate where you are residing temporary or permanent or worked.

Apart from the above domestic violence case, you may file a criminal case U/s 498A/406/34 of IPC for their demand of Car and money which is dowry and they all can be prosecuted for their offence.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. yes the woman has right of residence in the property of husband though she ahs no right of share in it.

2. So you can file case under PWDV Act seeking order to stay in the house if the same belongs to your husband.

3.In the said proceeding the court can even evict your in laws from the house so you can remain peacefully therein.

4. You can in the said proceeding ask for injunction order agaisnt such violence and maintennce for the child also.

5. The case is to be filed in court only.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Hi

1) You have every right on your husband's home.

2) Please be advised that your husband/ in laws cannot force you to

a) Leave the matrimonial home AND / OR

b) Force you to part with your hard earned salary (including the husband/inlaws) in any circumstances.

3) Domestic violence is currently defined in India by the Protection of Women from Domestic Violence Act of 2005. According to Section 3 of the Act, “any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it:

a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or

c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or

d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.

4) You can file the following cases against your husband and in laws:

I) A case under 498a and Section 3&4 of Dowry Prohibition act against your husband and in laws for demanding 5 lakhs from you (asking for money under the guise of not begetting a grand son is also dowry). You can file this case in any police station nearest to you or the women cell in district head quarters.

II) A case under domestic violence act under the following sections

a) Section 19 in The Protection of Women from Domestic Violence Act, 2005-

Residence order restraining your husband and in laws from dispossessing or in any other manner disturbing you from the shared household..

b) Section 20 under The Protection of Women from Domestic Violence Act, 2005.-

Monetary reliefs.— Under this section the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by you and the child aggrieved person as a result of the domestic violence.

c) Section 21 under The Protection of Women from Domestic Violence Act, 2005.

Custody orders.—The Magistrate may, at any stage of hearing of the application for protection order or for any other relief under this Act grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and specify, if necessary, the arrangements for visit of such child or children by the respondent

A domestic violence case can be filed either in women police cell or in court in accordance to your convenience.

In the event of you being located abroad, you can give general power of attorney to your parent's/ brother and they can also file the above cases for and on behalf of you.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1. As per Indian law, wife has got full rigjht to stay at the house where her husband is staying irrespective of whether she is contributing her salary or not.

2. In India the husband and the in laws will be arrested by police if the victim wife lodges a police complaint u/s498A of IPC alleging dowry harassment.

3. Even in Singapore, the husband and the inlaws will be prosecuted for harassing the wife.

4. Lodge a police complaint against the husband and the in laws alleging dowry harassment and police protection while entering her husband's house.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Yes a women has right on her husband's home. You can file complaint under section 12 of Domestic Violence Act against your husband bad as well as his family members. You no need to give any money to your husband and his family members form your earnings. You have whole rights on your daughter and law confirms the same. You can also file dowry harassment case against your husband and his family members for the torture and harassment mated and mating to you and your daughter. You can seek for accommodation in your husbands house or alternate accommodation from him and maintenance as your entitle for the same.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

1. You have lots of remedies under the legal framework to enforce your rights. During subsistence of marriage a wife has an indefeasible right to reside in her matrimonial home which is a shared household, a right that you may enforce by filing a case under DV Act. The court can pass a residence order in your favour. Alternatively, you may seek separate accommodation at your husband's expense.

2. A criminal case under section 498A for dowry harassment can also be lodged against them by you.

3. Neither you husband nor in-laws have any right to your salary. You can refuse to give them a penny from your salary and yet reside in the matrimonial home.

4. Engage a lawyer to file the case.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You should have refused to move out of the house and in case they used force, you could have called the police by dialing No. 100, to come to your rescue.

Even now you can lodge a criminal complaint agaisnt your husband and his parents for torturing you, meting out humiliations and cruel acts including demand for dowry before the local police station. If the police are reluctant to register the complaint you may visit the women cell i.e., CAW cell for relief and remedy, if not you may approach the superintendent/commissioner of police office with a similar complaint.

Also You may visit the social protection officer with a complaint under DV act.

Consult a lawyer immediately and initiate necessary legal actions as per provisions of law.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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