• Misuse of domestic violence law

Hello Sir,
Please help us my brother and mother are facing problems with my sister-in-law. they are living in own house but she doesn't want my mom to live and hence she is blackmailing them that she would file domestic violence case against us if we don't agree to send our brother with her to their mom house and settle there she will file harassment cases on us and also saying she will divorce my brother and give 2-yr old kid to him only.
How is justice done in such cases? 
is it not the responsibility of my brother to take care of my mom?
how can they throw her out ? will there be any basic investigation to prove the false allegations?
is there any law to protect parents from such women?
as a woman I feel some people like this are misusing the law and fetching money from inlaws.
Asked 4 years ago in Family Law
Religion: Hindu

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17 Answers

Dear Cleint,

Forcing to stay away from parents, ground for diovrce.

Gather evidence of threat, so that if she filed false case, u will be at safer side. Spy camera, audio recording, msg, call recording etc.

Threatening of false cases amounts to cruelty.

Forcing Husband To Get Separated From His Parents, Amounts To ’Cruelty’: SC [Read Judgment]...

Read more at: http://www.livelaw.in/forcing-husband-get-separated-parents-amounts-cruelty-sc/

Forcing Husband To Stay Away From His Parents Amounts To Cruelty: Bombay HC [Read Judgment]...

Read more at: http://www.livelaw.in/forcing-husband-stay-away-parents-amounts-cruelty-bombay-hc-read-judgment/

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

ask your brother to stay in separate rented house with his wife

2) mother should file DV case seek orders to direct SIl to vacate portion of house in her possession

3) seek injunction restraining her from disturbing possession of the house

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. Di not succumb to such pressure tactics as if you once blinked then for the rest of life you will have t dance at her tunes and there would be no end of her demands.

2. So do not leave the parents merely on the asking of wife unless such demand has some sort of foundations.

3. A wife giving regular threats is not fit to lead a long married life and hence it is better if this dispute is resolved once and for all.

4. So refuse her demand and ask her to lead a normal marital life. If she does then all the problems gone.

5. if not then her true picture will come out and hence the marriage then better be dissolved.

6. There is no need to fear about her threats as such cases has no teeth nowadays and once bail is taken which is routinely allowed nothing remains to fear about those cases.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Yes there is a la which protects old parents and senior citizens you can complaint in the police station in this regard and mover mandamus read in the High Court to protect the interest of the old and seniors citizens.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello sir , as per Supreme Court guidelines no compalaint from wife shall be entertained by police without proper investigation , as DV act is being misused by women to settle thier personal gains .. It is advisable not to accept her illegal demands and to do what is morally correct

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Yes, now there is an amendment in the law which talks about the filing of DV case against daughter in law by in laws specifically mothe in law on the ground of her demands.

I advice you to first do the same.

And also there are latest SC judgments which say that wife must not ask for leaving if parents as if amounts to cruelty to a man, and he can have divorce on this ground also.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

This is not a strange or a rare case.

Most of the housewives are trying to establish themselves as the dictators of the house and want to throw away the elders from the matrimonial home.

This will not be a surprise for your sister in law to show her arrogance in this manner.

Well there is no solution for this other than challenge her false cases properly in the court of law.

Ask your brother not to budge to her pressure and to remain with your mother itself, l;et she file any type of criminal case, he should first obtain anticipatory bail and challenge her the in the trial court accordingly.

.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Ask you mom to file a complaint with police against sister in law or it will be better if she files directly file a private complaint with jurisdictional metropolitan magistrate and ask for restraining order against her as she is intimidating on filing false cases. Further if your brother support your mother it will better to divorce as separating from parents is cruelty and can file a divorce on same ground or leave separably with this kind of women.

if she is ready for mutual consent divorce tell your brother to give her some alimony and divorce mutually and keep his child he will more happy raising his kid than this torturous relationship.

Record evidence of her threats gather proof of same, evidence of neighbours if they hear her shouting.

Further if your mother is more than age of 60 she can approach Senior Citizen Welfare and Maintenance tribunal against sister in law and claim relief. or can directly approach high court under writ jurisdiction claiming relief as she is getting harassed at such elderly age.Take a strong stand i must warn you she can file such cases though court is aware of such false cases and has prepared the guiltiness then also you have to keep a strong defence.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Recently Supreme Court has held Forcing Husband To Get Separated From His Parents, Amounts To ’Cruelty’ and valid ground for divorce.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

After FIR is filed Police would issue you notice to record your statement under section 41A cr pc

2) you can apply fir abd ivtain bail only after FIR is filed

3) there is no automatic arrest

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Yes after the SC order in cases where marital issues are involved the SC has given guidelines there sah be no.direct arrest first the matter shall be referred to the family committee and on there report police sha file a FIR and direct arrest if necessary.

Yes your brother can file a divorce case on ground of cruelty. As operating from parents is cruelty and valid ground for divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your brother can file a divorce case on the grounds of cruelty and this can also be a strong reason for proving cruelty.

For filing an application for AB you have to confirm if there is any case or FIR pending against you all otherwise the court will not entertain any application for AB as well.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You can file a defamation case agaisnt her only if you prove that this is a false case by the verdict of the court.

In fact you can file a case against the police only for malicious prepossession and not a defamation case against her for this 498a case.

You may have to challenge her case in the trial proceedings on the basis of evidences and merits in your side.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You are at liberty to file defamation case against your sister in law under section 500 of IPC 

 

you can also file for quashing of FIR under section 482 of cr pc 

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

See once you are acquitted or the trail against you is quashed in that case you can file defamation case in trial stage it wont be maintainable. 

YOu can file a quashing before the high court to quash the FIR against you. 

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You don't have to worry.  For initial period there is an issue.  But larer you don't have to worry you will come out of all these after the trial. 

Prashant Nayak
Advocate, Mumbai
27274 Answers
88 Consultations

4.4 on 5.0

No defamation can be filed during the trial. If you are on bail then you will have to take permission from the court before going abroad 

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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