• Domestic violence and harassment

My daughter who was a  divorcee ,has been married to a divorcee boy for the last 2 yrs now and also have a 1.5 yr old daughter.

Though the couple is happily married now after some initial hiccups, the parents of the boy ,who stay with them in the couples's rented accommodation, have not reconciled to the fact that their son is no more their slave.
They keep on harassing my daughter verbally and this is causing a lot of mental agony to my daughter who is finding it difficult to cope as she is working  and has also to bring up the child all by herself.The husband is made to shut up whenever he speaks in support of my daughter and the in laws are abusive, arrogant and egoistic.
Under whiach law can we file a police complaint if so?
Asked 6 months ago in Criminal Law from New Delhi, Delhi
Religion: Hindu
1) wife can file DV case against her in laws in magistrate court and seek protection order 

2) your daughter should stay separate from her in laws in rented accommodation 

3) convince her husband that for saving the marriage it is necessary to stay separate 
Ajay Sethi
Advocate, Mumbai
36390 Answers
2017 Consultations

5.0 on 5.0

Hello,
1) You can lodge a police complaint in the local police station about the harassment or file a Domestic Violence case before the Magistrate court directly.

2) In either case the husband will also be an accused. He can during questioning by the police or while testifying before the Magistrate depose in favour of the complaining wife against the harassing in laws.
S J Mathew
Advocate, Mumbai
2144 Answers
94 Consultations

5.0 on 5.0

1. There are many provisions of law under which case can be initiated but the same would ruin her marriage for ever.
2.So first try to work this marriage out and ask them to go for pleasure trips often or stay separate son the influence of her in laws would be minimum.
3. if these do not work then file case u/s 498A, 406, 326 IPC. She can file case for maintenance under PWDV Act also.
Devajyoti Barman
Advocate, Kolkata
9886 Answers
119 Consultations

5.0 on 5.0

Your daughter can in these circumstances file a case under Section 12 of DV Act to stop her in-laws from subjecting her to acts of domestic violence. The magistrate can issue the protection order in favour of your daughter. If her in-laws defy the protection order they may be jailed on the solitary testimony of your daughter.
Ashish Davessar
Advocate, Jaipur
21579 Answers
577 Consultations

5.0 on 5.0

She can file domestic violence case against her parents in law if the tortures are beyond tolerance.
She may even register a FIR against them including her husband for the cruelties meted out to her with the local police station
But remember that she may lose her married life due to this and she may not be able to continue her marital or conjugal relationship with her husband after she indulges in such avenging activities. 
T Kalaiselvan
Advocate, Vellore
26340 Answers
265 Consultations

5.0 on 5.0

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