• Issues with in-laws

Sir,
My husband and me had a love marriage 7 years back without the wishes and permission of our parents. Cast being the primary issue.
We both live in a different city and have our own property where we reside now. 
During the initial years of our marriage, I have been a victim of physical and verbal abuse from my MIL and it could have led to a disastrous situation. The verbal abuses still continues whenever they visit us. 
I never raised an FIR as I always wanted to adjust and wanted to let things pass, knowing their basic motive was to separate me and my husband. 
Now they want to move in with us and stay with us. They have houses and property in a different city and six daughters and their families all stay in that same city. My husband paid all the loan and we support them monetarily whenever required. 
We have mentioned that we are okay with them visiting for a couple of weeks, however, not staying with them in the same place. Now they are threatening to file a law suit in the court that with regards to their rights over their son and stating that they intend to screw-up both our careers if we don't let them stay with us. 
Sir, we started our married life with nothing, where my husband used to send all his salary home to keep his parents happy. And now after so many years, we have been able to get a home of our own. 
All we want is a little peace of mind and to have our jobs safe.
Please suggest what can we do.
My MIL leaves no stones un-turned to abuse me verbally whenever she wants to.
Asked 6 years ago in Family Law
Religion: Hindu

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10 Answers

Hello,

If you want to take legal action then will your husband stand with you?

Note that there happens to be no law which give parents right on the self acquired property of the son.

You can file an injunction suit if they forcefully enter into the premises of the son.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Dear querist,

Firstly, would advice you to make call recordings,video recording etc. of her making such threats. This is just a preventory measure to protect you, if she goes on file some frivolous case against you. Also, give a complaint to the nearest Police Station against your MIL that she's threatening to file false cases against you and take acknowledgement for the same instructing them not to take action against MIL at that time. This would also protect if from future complaints.

Rest assured, you don't have to succumb to her threat.

Feel free to call for a detailed legal discussion.

Regards.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

1) you should record your MIL abuses

2) you can file DV case against MIL and FIL

3) let them file any suit they desire

4) your husband cannot be forced to permit his parents to stay with him when they have accommodation of own and other siblings in same city wherein parents are residing

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Dear Client,

Be strict and don`t allow them to stay, keep husband in confidence.

You have legal right to restrain them from entering your house and get the house vacated if adamant to stay. And, they repeat violence, warn them, still no effect, dial 100.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

1) Try to give respect to her and tell her that we all could live happily. Your husband should involved in this as he plays main role and he has to handle whole home like karta of the family.

2) Do say no to your MIL for any reason and feed them well, ignore her all abuse words from one ear to another. One day will come she will be good with you, start thing positive and things around will turn into positive.

3) If you're working women than its well and good, that you will be atleast 10 hours away from home. Try to engage your MIL in all house hold work. And bring gifts for her and see what she likes and what not.... Actually you're lady you will handle her better her abusing and fighting will not worked only brain will be working.

Ganesh Kadam
Advocate, Pune
12929 Answers
255 Consultations

4.9 on 5.0

Dear,

Your problem is very common these days, so i can understand it.

But as you say that she is threatening you to destroy your both job,

and her right on son's salary, so for this i must say that she has no power to

destroy your job so don't worry.

and right over son is not described any where in law book. only she can

claim maintenance from your husband.

And in my suggestion avoid all the things and focused on your work and family.

Because if your husband is with you, is good enough.

Everything short out slowly sloely

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

They don't have any right on the self earned property of their son. They won't be able to file any case. Please don't worry from their threats. Just live peacefully with your husband.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

I could not find how far your husband supporting you in your family as wellas personal life. If every thing is positive, you can file DVC case against your MIL and others (except your husband, if he cooperates). No one has right to interfere with your family life. Court has power to pass several reliefs in DVC. So, use the law in proper way to live peaceful.

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

They cannot claim residence as a right.

If at all they are hell bent to trouble or torture you, they may legally file a maintenance case seeking maintenance amount under section 125 cr.p.c.

If you dont want to have them with you in your house on a permanent basis especially to avoid tortures and embarrassments on daily basis, you can talk to your husband and arrive at a combined decision to not to allow them to stay in your house permanently.

If they houses and property in a different city and are deriving income out of it, you can mention that with proofs to refuse their maintenance claim.

You can take steps when things are in control and within the local level.

Do not allow it to go out of your hands because after that you can get them solved only through legal process.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

1. Everything now depends on your husband.

2. He can straightway tell them not to shift to his place permanently due to paucity of space.

3. Your in laws can do nothing legally to stay with you and your husband if your husband does not want so.

4. In worst situation your parents in law can file a maintenance petition claiming some amount to be paid to them per month towards maintenance.

5. Should they file the said application, the Court will decide about the maintenance amount which your husband shall have to pay.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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