Like every Indian girl my marriage was done before 10 years, i have 1 boy 7 years & 1 girls 5 yrs, this is arrange marriage done by our parents, my husband father(my father in law) died when he was 3 years he was an officer in BSNL time of death,my mother in law get job in bsnl as Compassionate and pension of my father in law, but after my some years she married to another person with continuing all benefits from previous husband and not take care of his children having to 2 son, 1 my husband and another 1 ( mentally unfit) may be due to my mother in law care less behavior, even to my husband she not given education only till ssc nor set to any shop to full fill over daily needs she make us complete dependent on her, sense last 10 years she treat me like servant which no need to pay , i stay here in hope of all thinks will be alright but it increase day by day, now her daughter ( from current husband) get married before 3 months and situation become more verse, she want to get me out from his house any how daily she is toreturing me for this, she want to transfer all this property to step sister in law, my husband does not work were should i go with my small kids in this situation, all friend and relatives are suggesting me to not leave home but its going life threatening for me day by day yesterday she come on me with knife, but my husband stop her please suggest to my current situation
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File DV case against mother in law and husband seek protection order , maintenance, compensation for mental torture undergone by you
2) let mother in law take legal proceedings to evict you
3) don't vacate the house
4) since your husband is not highly qualified nor working he would not be able to provide you alternative accommodation
5) since house was owned by father in law on his demise your husband has share in house . Your mother in law cannot evict you
1. Who is the owner of the property in which you are residing with your husband? If the owner was your deceased father-in-law then your husband has a share in the property and he can continue to reside in it till it is partitioned.
2. You can file a DV case under Section 12 of DV Act to seek restraint order against your mother-in-law to restrain her from throwing you out of the shared household.
3. However, you cannot make her liable to pay maintenance to you. It is your husband alone who is under a duty to maintain you and his children.
4. Since she threatened you with a knife you should file a complaint in the nearest police station under Section 506 IPC for criminal intimidation against her.
1. it is not clear who is the owner of this house. If your mother in law is the owner of this house then you have no legal right to stay therein.
2.If staying separate brings peace then it is better to do this.
3.Moreover staying separate may make your husband work more and improve his income and dependence on his mother.
4. Since it is physical threat I would advise you to lodge complaint with the local police. Youy must raise voice agaisnt such physical assault or attempt on you life.
Hello,
You can file an FIR with this regards in the nearest police station and also after leaving the house you can file a case for maintenance.
Regards
Report the violence you are facing each day to the police. They will lodge an FIR and initiate action based on your complaint. Also, you may protect your right to reside in the domestic shared household by way of moving a complaint under the Domestic Violence Act. The Court will restrain your mother in law and sister in law from dispossessing you out from your matrimonial home.
1. The house stands in whose name? If it has been purchased by her then she is its owner legally.
2. However, do not leave the said house under any circumstances and try to collect evidence of her such cruel act by audio/video recording the threats.
3. Thereafter lodge a police complaint against her u/s498A and 406 for dowry harassment and non refunding the Streedhan.
4. Simultaneously also file DV case against her for causing domestic violence on you praying for your police protection.
5. Once she understands that you can give her back in her own coin, she will change her ways to treat you domestically.
6. For all these acts, you are required to have your husband beside you.
If the properties belonged to yor late father in law, then your husband also has a share in the properties left behind by him.
However if the properties are in the name of yor mother in law then you cannot claim any right in it even for your husband.
Your husband cannot claim any share in it just because he is unemployed.
Legally you may not find any solution to this.
Involve elders and put pressure on your mother in law for getting any favor.
