• Harassment of wife by husband's family

This is regarding the things happening with my sister. She is married and jobless and staying at her parent's house in Delhi as his husband is jobless. Father is living in that house and with his consent only they are living in that home.

Both his Bhai and bhabhi are now harassing her a lot and it's their daily practice to fight on any meaning less topic. Since father is supporting so a day she has also filed a report in police that her father in law.

Even we are going to visit my sister then they fight with us and threatens to file a case of sexual abuse against my husband.

How to treat this and what can be done here and how to safeguard us from the future happening and false cases.

Thanks in advance.
Asked 2 years ago in Civil Law from Delhi, Delhi
1. Your sister can file a case for domestic violence against her brother and bhabhi in the court seeking a protection order. A protection order implies that the aggressor is bound to cease violence against the victim. 

2. You should lodge a police complaint against them to inform the police that a false complaint may be filed against you. In the event that a false complaint is lodged for sexual abuse you should file for anticipatory bail to avoid your arrest.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
1) your sister should file complaint under DV act against her brother in law and his wife and seek protection order from court .

2) your sister should record all audio conversation wherein threats are issued by brother in law and his wife . 

3) your husband should also record all conversations wherein threats of filing of false case of sexual abuse are made . your husband should also  lodge police complaint of criminal intimidation 

4) in the event any counter complaint is filed by bother in law and his wife obtain AB to avoid arrest
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
5.0 on 5.0
Hello,
1) Your sister can file a case in the Magistrate court under Protection of Women against Domestic Violence Act 2005.She can seek protection order, shared accommodation etc under the provision.
2) Also lodge a police complaint under section 498A.
3) Gather all evidence possible against the Bhai and Bhabhi.
4) In case they file any case against you including sexual offences you will need to file for Anticipatory Bail to pre-empt arrest.
5) Take immediate steps with the assistance of a local lawyer.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
A. Your sister can lodge the complaint under the Domestic Violence Act by seeking security against the same.

B. Better you advise to your sister to record the everyday harassment activities in the mobile i.e, audio, videos, picture to establish documentary evidence.

C. You first approach the nearest  police station to lodge the complaint against your Bhai and Bhabhi under the sexual abuse and mental torture. In the event of any FIR registered against your sister, Anticipatory Bail needs to be taken.
B.T. Ravi
Advocate, Bangalore
738 Answers
31 Consultations
5.0 on 5.0
Hi, file a complaint under section 498/A of the Indian Penal Code and also petition for Domestic violence act.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Your sister should collect evidence and file a DV case against his bhai,

2. Is her father supporting her? If yes, then he should interfere and tell her bhai to stop harassing her or leave the house,

3. You should also collect/record enough evidence of such threat of the bhabi to lodge false complaint of sexual harassment against uour husband,

4. You husband should lodge a police complaing about her such threat of false complaint,

5. If any cush police complaint is lodged against your husband, he should immediately file application for Anticipatory Bail.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
She should file case under DV Act seek protec tion order. she can also file a complaint with police about threats.in case any complaint for sexual harassment is lodged then obtain AB. Beside collect all evidence proof which could be used if need so arises.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Dear Querist
Filing the domestic violence case is best option by your sister against them before magistrate court, under section 12 of Protection of women from Domestic Violence act-2005 r/w section 18 and 19
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0

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