• In-laws tortured by daughter-in-law

My brother got married in 2015 june...my brother is very naïve person who has always been most protected child..he has never used abusive language and shouted on anyone.. so is our family..we are well educated middle class god fearing family from indore..never dealt with quarrelsome ppl.
our daughter in law is from a small town,she is brought up in Haryana, where shouting and quarrelling is way of life. she initially acted very nice girl and won the trust of my brother. my parents hardly stayed with her for 3 months after marriage and went to US to visit my sister and came back after 6 months, my father had heart problem, he had to undergo surgery and could not come to me in Sydney I am their 2nd daughter, so they stayed with her for 9 months at a stretch and came to me after that..within these 9 months this girl came up with several issues with my mother..every alternate day she picked fights with them...she called them names and used disrespectfull words. my brother could not do much and was just a spectator...she used to put unnecessary allegations on my mother...later after staying with me at Sydney when they returned she demanded her husband to move to another house when he did not listen..she walked out of house and stayed in a PG for 3-4 weeks until my brother rented another house. my parents was also living in a rented house. now even after separating she keeps fighting for money jewellery and blames my mother of stealing some money and jewellery and often warns us of filing a police complaint and sending us all to jail..my brother is afraid of divorce and so he keeps his mouth shut.
she openly tells us that all law would be favouring us she can complaint abt the domestic violence and dowery. her relatives are goons in Haryana and her mother is a pro in handling legal cases,she is already fighting many property cases..this wont be a big issue for her to handle. but for us it is a big issue..we have never had any disputes with anyone , we are afraid of our social reputation we do not have money and knowledge to fight long legal battles I am afraid pls advice is there anything we can do that can safeguard us in future , in case she complaints abt us is there any complaint we can file prior to her (without her knowledge) that can safeguard us when she files a complaint...pls advise we are really tensed.
Asked 8 years ago in Family Law
Religion: Hindu

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11 Answers

Do you have written proof over email or whatsapp that the wife does not want to reside with the husband's parents.

If you have the same as written evidence or proof.

Then let me tell you a higher court has stated that if a wife tries to separate a husband from aged ailing parents it is cruelty and hence very good ground for divorce.

At the same time lodge a general diary stating all facts and state your brother and your entire family fear of false cases like 498a, domestic violence and maintainance case might get filed against all of you and send the general diary sent to your local police station by way of speed post.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

Dear Sir,

One thing we can do as done by several parents. To issue paper publication stating that your parents disconnected all their relationships with your brother and his wife. Secondly a legal notice may be given in the above matter which safe guard your parents. For suggestions call me.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1) Yes ! you can file complaint against her without knowing her Knowledge.

2) you have to explain all things which you have narrated above for your safety, in Police station you have to give complaint and not FIR.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) your mother should record the verbal abuses

2) file police complaint against daughter in law for criminal intimidation and extortion

3) your mother can also file DV case against DIL and seek protection order

4) seek order restraining DIL from visiting her house , contacting her personally , on phone , messages etc

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

Hi

This is tricky situation. I can understand.

You need to collect the evidences.

You need file a complaint of domestic violence on her. All +/- Stories to be added.

We can't write all the things here. You can give a call for further details.

This is opinion

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

1. it appears your brother has not fallen in right family as far as marriage is concerned and for dealing such quarrelsome family your brother is in no way befitting person.

2.Now taking the extraordinary circumstances in mind I find two options- either to proceed for dissolving the marriage or to bear her atrocities silently for the rest of life. There is no other way left unless and until his wife in one fine morning mends her ways.

3. To dissolve the marriage going for mutual divorce is best possible way out which dispense with series of litigation though at the cost of parting money to be paid to his wife which can be negotiated.

4. If she does not agree then file uncontested divorce suit which must in all likelihood would entail criminal cases like case under section 498A,406 IPC or maintenance case under PWDV Act.

5. However in the wake of such cases there is nothing to lose heart as getting bail in 498A cases is almost routine and once bail is obtained nothing remains to be worried about such cases and in DV case the court will take its own time in passing maintenance order which varies 1/3-1/4th income of husband which an unemployed wife is always entitled to.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

It would be advisable to collect all evidence and video and documentary proof.

The each of you can go and file complaint.

For ingredients husband to stay away from parents is also considered cruelty...to start with.

You can seek legal remedies or you can ask help from a social service branch near u

R. S. Akolkar
Advocate, Mumbai
53 Answers
1 Consultation

Precaution will not help in this case!

You need to wait and watch and decide further course of action.

If she has a remedy, then you also have a remedy in law.

Let she not threaten in the name of law!

By such act, she intend to ruin her matrimonial life.

I am not suggesting a legal recourse here, as in matrimonial, it is advisable to wait and watch instead of sending notice, filing complaint, instituting a proceeding.

Seems she is preparing to wage a battle although there is no justification.

Always be in touch with a lawyer nearby who can help in case if she files a complaint.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

there is no precautionary measure that can be taken under such circumstances except that when a FIR is registered they can file AB immediately on being summoned by police for inquiry/investigation.

No doubt she can try to take revenge on everyone with arrogance, but they may no be maintainable when properly challenged in court of law during trial proceedings

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

Hello,

You can file a NC in apprehension to the police station.

You will get a receiving for the same, it might help you if in future any case is lodged against you,

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You cannot pre-empt her from filing these cases. However, what you can do is that in case she is threatening/blackmailing to impose false and concocted cases, these conversations can be captured as an evidence and used at the right time when she files any false case.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

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