• Want to raise complaint against mother-in-law

Hello
My wife is pregnant and my mother in Law came to my home in chennai. My home location in West Bengal.
My wife and my mother in law continuously insulting my parents and with silly issue though my parents not stay with us.like this why your mother did not come at that time why she is not staying? Then Called my mother to help her, but she behave very badly. Why she came now, why did not she can at initial stage? bla bla Always raise old issue start to abuse. they are making my home environment violent. they are using slam language, like you and your family is a beach. I called them tat if you want you can take your doughter to your home to make her delivery. they are not listening. Even I did not say anything and they are shouting there won. Now Mother in Law came to my home, she is staying with us becuase of my wife's delivery. She is not working, I am the only earning member of my family. Staying in my family he is insulting me and my family everytime. I want my mother in Law out of my home. how to proceed? what evidence is required?
Asked 6 years ago in Family Law
Religion: Hindu

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15 Answers

Hii

Just hire a lawyer and issue a notice to your mother in law for disturbing and ruining you married life. If that is not stop you will take legal action and reach to court for nuisance and breaking Peace at home environment.... And then lead to divorce.

May this would be enough to stop them.

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

Have some patience

Your wife is pregnant and needs her mother for assistance during her pregnancy

Ignore your MIL

If she abuses your family record the abuses

Install CCTV cameras in living room of house

You cannot force her to leave the house

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

1. It is really unfortunate that during this delicate time of your wife her mother is working in such weird manner.

2. It would be better if you resolve the dispute amicably than taking legal recourse.

3. Ask some elderly family members to interfere and try to make her understand to maintain peace at he time of her delivery of the child.

4. If you use force to oust her from your house and then situation would be worsened causing danger to both mother and the unborn child.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Hello,

will your wife support you in this?

if yes, then file a suit of injunction and your statement will be sufficient for you to get the decree.

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You can file a suit for permanent and mandatory injunction with interim stay in Civil Court against your mother in law if you really want to kick your mother-in-law from your house.

But, i would totally advise you against it as filing a case against your mother in law would cause irreparable damage to your relationship with your wife and may follow multiple litigations.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Dear Sir,

Now the supreme court enlarged the reliefs under DV Act. You can get file DV case through your mother and get lost of your mother-in-law. The law laid by SC is as follows:

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

All women in household deserve protection under PWDVA

22 Sep2010by videv Leave a Comment

When laws are made to satisfy whims of a few feminazis, the result is such litigation as in this Delhi case below. It is to the credit of few judges who come out with such judgments every once in a while which puts brakes on the onslaught unleashed by Domestic Violence industry. Some excerpts of the judgment are below followed by full text later:

The misuse and abuse of the Act is a

matter of serious concern for the courts who are required to be

careful and ensure that a woman petitioner is not made a puppet

or pawn in the hands of her male relatives so as to manipulate

the Protection of Women from Domestic Violence Act, 2005

and use it for ulterior motives.

At the very outset I may observe that merely because

the revisionist no.3 Smt. Sarika Mehta happen to be the real

sister of the husband of present respondent would not ipso-facto

imply a domestic relationship to the extent as contemplated

under the Protection of Women from Domestic Violence Act,

2005 as she is residing separately with her own husband and

cannot be deemed to be a member of the shared household as a

joint family.

Making wild allegations against an unmarried sister-in-law of a

tender marriageable age by an estranged wife of brother

tentamounts to inflicting violence upon her and it is the duty of

the court to ensure that she is protected from the same.

Full judgment text below:

————————————————————–

IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS

JUDGE-II (NORTH-WEST) ROHINI COURTS: DELHI

Crl. Revision No. 367/2010

1. Santosh Kaur

W/o Sh. Mohan Lal Kashyap

R/o 6-D, Janta Flats, Satyawati Colony,

Behind Laxmi Bai College,

Ashok Vihar, Phase-III,

Delhi.

2. Ms. Ritu Kashyap

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

File complain against her, that she is crating nuisance and abusing family, lady police will expel her. She has no right to stay at your home.

Yogendra Singh Rajawat
Advocate, Jaipur
22624 Answers
31 Consultations

4.4 on 5.0

1. Just throw your mother-in-law out of your house. Without your consent she cannot stay inside your house and is reduced to the status of a trespasser.

2. If she does not leave then file a suit for her eviction and seek permanent injunction to restrain her from entering the house,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The case is to be filed in the city of West Bengal where the MIL is staying only.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

You can file suit and seek injunction restraining mother in law , father in law from harassing you or your family members

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

You can strictly tell your mother in law to leave the house.

If her tortures are intolerable then you may initiate some legal process against her by lodging a complaint against her for creating nuisance and insulting you with filthy language abuses.

Other than this you can approach with an injunction suit restraining her from entering your house or interfering in your possession and enjoyment of the property.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

Thanks for your reply. Now I am staying in rented house in Chennai..House rent agreement in the name of me. My home location in West Bengal. Is it possible to file permanent and mandatory injunction from Chennai? I have some voice recording also but in Bengali voice.

If they are residing in your chennai house then you can initiate the legal process in Chennai or else in your place only.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

It has to be filed only where the property is situated.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Jurisdiction of court rest where propriety situated.

Yogendra Singh Rajawat
Advocate, Jaipur
22624 Answers
31 Consultations

4.4 on 5.0

1. Filing injunction suit, would be time consuming process.

2. I suggest you to file police complaint against her for illegal stay.

3. Get the lawyer help in this regard.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

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