Daughter in law is harassing the mother in law
Hi. I have known a very educated and decent family since my childhood. tThe mother in law is 54 years old and is a respected teacher, her husband also a professor aged 55 years.The eldest son is 29 years old and had married last year (April 2014) and since marriage the daughter in law has posed monetary demands to the in laws threatening them to get them arrested under the dowry act. incidentally ,they havent received or demanded even a single penny in the marriage. The son is working in different city so the daughter in law was also sent with him due to daily scenes. Recently she has given birth to a baby boy (5th april,2015) and is again demanding 1,00,000 rupee and verbally abusing the mother in law ( both of them live in different cities) and is threatening of the lawsuit on dowry again. What can be done?
Asked in Civil Law from Delhi, Delhi
1) mother in law should record threats and file complaint of criminal intimidation against daughter in law
2) she should refuse to bow down to blackmail tactics
3) if flat is in name of in laws obtain a injunction restraining daughter in law from entering said flat
4) she can also file domestic violence case against son and daughter in law and obtain a protection order
It is advisable that you get the conversation recorded . Since both are in different cities, the medium of conversation would be telephone and it would not be difficult to record the threats/ abuses etc. Once you have necessary evidence in your hands, you can take a bold stand and lodge a complaint against her if the situation so warrants.
Advocate, New Delhi
1) The mother in law can file a police complaint against the daughter in law on account of criminal intimidation.
2) She can also file a DV case against her.
3) It is advisable to involve relatives or elders who can talk reason to her and make her mend her ways. If she doesn't budge then she will have to take legal steps taking her son into confidence.
1. The mother and father in law should refuse to accede to the demands of the daughter-in-law.
2. If she files any false charges against them they will be given complete opportunity by the court to contest her claim and prove their innocence. The court does not accept the case of the wife as a gospel truth. They may also seek bail to preempt being sent to jail.
3. The mother-in-law can also move to court and seek an order of protection against her daughter-in-law.
it is advisable that the mother in law files a case of criminal intimidation against the daughter in law and duly cite the incidents in the complaint. Also an order of protection against the daughter in law can also be obtained for the physical cruelty meted out by her.
in versha kapoor vs union of India, supreme court has held that mother in law can seek protection order under DV act against her daughter in law. if she made life of her in laws miserable then her activity comes under " matrimonial cruelty " [Samar Ghosh vs Jaya Ghosh 2007]and it constitutes a ground for divorce.
in anresh kumar vs state of bihar 2014, no arrest can be made in dowry case merely in filing of fir. after the investigation if credible evidence found then court has power to pass arrest order. engage some people from both sides foe amicable settlement and unveil her attitude before them, it will be good evidence for you if any case is registered by her.
Now the present situation is that; Daughter in law gave birth to a baby boy on 5th April, 2015, and the same time the son thinks to live with his wife and boy, if so better to solve the family problems amicably .The lack of proper conversation is the main problem happened here and every where. Make a mediation talk with common person of two families’ .The mediator can solve the problems easily before taking a legal action against Daughter in law.
If it is not work out properly then they can file a complaint under 506 of IPC (criminal intimidation) against the daughter in law before the police station in their locality Or file it on Mahila cell
1. Let them record all her such claims for money and blackmailing threats,
2. After that the mother in law should file a DV case against her daughter in law complaining cruelty,
3. Her son shuld never come to his parents house alongwith his wife,
4. His parents can also apply for restrain order upon their daughter in law restraining her entry in to their house for their safety.