• Sister, parents are facing severe abuse from in-laws

My sister is married for 4 years now. But in-laws are extremely overpowering and controlling. She is facing a lot of mental and emotional abuse from in-laws reducing her self esteem and self respect. So much so that, she had to get seperated few months back as she could not bear the environment of physical, mental and emotional abuse. 

My brother in law works at his fathers business. He is also been abused by his parents since childhood making him a submissive son. He pays monthly salary and wants him to keep on working under him. He always abuses him saying he is good for nothing and still eats under his umbrella. I asked my brother in law to leave his fathers business and do something on his own but, he has been work in this firm since past 15 years and has built this business. It wouldn’t have been possible without his contribution. My father is suggesting to leave the place and come without giving any fight. I think it is unfair for him to separate without any capital. He has given 15 years of his life which he will not get back. He needs to get his due share of the enterprise. Please provide your insight on this. 

 His father always comes and create rucus at their new home. Create a scene and always threten that he will bring them to the streets. Saying de-meaning and belitteling abusive slurs. He is a drunkard and wife beater and now also thretened to beat my sister like he beats his own wife. He has also called my father several times and threaten to murder when he was drunk and come and rape my family people. 

And the mother in law has tortured my sister to get more money from my parents. They always want gifts for festivals and any family events. And the sister in law who stays in US instruct her mom to torture my sister. 

My sister, brother in law, and my family are fed-up with their behavior and abuse. They are financially well off. And my father and mother had carried this mind-set of being submissive as we are from the girls end. But they have taken advantage of this. My father is afraid to go to seek legal counsel or go to police because it will tarnish his reputation which I think is absurd mindset. Second he is afraid of losing time and money in the legal system of India. 

I have asked my sister and parents to document (record video/audio) whenever they interact with in-laws. 

What should my sister do to not only discontinue abuse and hold them liable for years of torture they have inflicted? 

What can my brother in-law do to earn his due share in the family enterprise he contributed for 15 years? So that he can start a new life comfortably. 

What can my parents do to not be abused by the in-laws? How can my parents be protected from any physical harm.

Answers to these questions and any other insights is immensely appreciated.
Asked 4 years ago in Family Law
Religion: Hindu

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11 Answers

Sir as far as your sister is concerned she can file an domestic violence and 498a along with dowry case on in laws. She can file a complaint against the father in law and mother in law. Stating the complete scenario and there acts of harresment in the complaint against her and her husband.

Further see as your brother law has just recieved salary and he is not having anything on his name he shall be treated as employee and cannot claim his right on business in name of father. So it better he should start doing something of his own.

Further for your parents to file complaint a police complaint can be made for harresmnent and intimidation for murder agaiant the father in law.

Further in my view it would be in best interest if for time being they both stay separate do their work separately as brother in law can loose inheritance going against them at this stage as may be in my his sister is interfering for the property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Ask you sister to do police complain and send them a notice through a good matrimonial lawyer

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

1) your sister should install CCTV cameras in living room of house

2) record father in law and mother in law abuses

3) file suit and seek injunction restraining in laws from meeting them , calling them or sending any messages

4) you sister can also file complaint of dowry harassment against her in laws

5) your brother should ask his father for his share in family business

6) your parents should record their abuses and file police complaint against sister in laws for criminal intimidation

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Your sister must file a complaint under the domestic violence act against her in-laws.

She will need assistance from a local lawyer to do the above.

She must seek a restraint order, prohibiting in-laws from subjecting her to violence any further.

If your parents anticipate hostile behaviour from the in-laws as well, they must approach the Police and take their help.

Your sister can also file a case under section 498a IPC against her in-laws.

Meet a local lawyer with more details.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

1) There are "N" numbers of thing to answer above question whether you want to go with legal or without legal ?

2) If You want to go with legally than your sister and your parents can file case against them unders 498a and DV act.

3) For your Brother-in- law can file case for business share of his father, if his father is paying tax under HUF (Hindu Undivided Family).

4) If you do not want to go for legally, than ask your-brother -law to get credit from his suppliers and ask customer that his new shop has been opened in new address, Try to customer to diverted at his end and provide new address. If he has goodwill customer will definitely come to his new shop or business area.

5) And ask your sister to just threatened them (in-laws) that she will complete against them in the police station under DV Act.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Firslty, yes I really appreciate your courage of being so aware about your legal rights as most of the people are not.

Secondly, you should grab some evidences before filling the police case against in laws.

Thirdly, and try to find out about the property of the in laws with regard to the nature of it as to whether self acquired or anscestral.

Fourthly, if anscestral then surely your brother in law would get handsome share out of it.

Fifrthly, but as far as the bussiness is concerned if it self made by his father then he can’t enforce any right on it no matter how he has built it with his hard work.

Sixthly, but yes if it is also anscestral one continuing for years then again would have share in it.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Sir,

You can get your sister and brother in law to your house and start fighting. Your brother in law shall file a suit for partition in the shop as it is HUF. Your sister shall file DV, 498A cases and get maintenance etc.

===================================================================================

PRAYER

HENCE THE APPLICANT HUMBLY PRAYS

A) to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend police protection to the deponent,

B) Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.

C) Pass orders u/s 18, in totality against Respondent No.1 to 3,

D) Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.

E) Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1 as he is residing in the house of respondent No. 3, which is legally prohibited,

F) Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1 falsely filed Divorce Petition.

G) The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,

H) That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

Place:

Date:

Applicant

Through

Advocate for Applicant

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi

This is complex problem with relation and mental. There is way out to get out of it. But needs more clarity and understanding. Hence suggest to have detailed meeting and discussion to come to right conclusion.

Regards

Shettar

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

In this regard immediately lodge 498A , 406, 3&4 of D.P.Act as FIR in police station as well file domestic violence case as well as maintenance under crpc without any further delay.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Your sister should adopt legal steps to establish her rights, dignity and also get her grievances redressed through court of law.

She can file a criminal complaint under section 498a and under section 3 and 4 of DP act.

She can file a complaint under the provisions of DV act.

She can file these cases against her in laws.

If her parents were also attacked by them then they can lodge a police complaint against them.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

You can file case under section 498A. Also under Provisions of domestic voilence Act. You can claim maintenance under section 125 crpc.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

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