My daughter, married for 10years has two children and is a working professional. Her inlaws and husband have been abusing her mentally since years. Due to series of dreadful events at her inlaws house, she left it and came to us about 3months back. Because of societal pressures and to have a family for children , my daughter and myself had a meeting with them for reconciliation. But all in vain as they were not ready to budge. Few days post our meeting they sent us a notice mentioning my daughter to come back in a weeks time else they will have to take actions against her and made up a case of cruelty towards inlaws and husband. We also met a lawyer and worked around on a reply to that notice denying all there allegations and mentioning the mental torture they have been doing. Our notice had not reached, before that my daughter's husband started calling her and asking her what is your decision, you are coming or not and showing care for Children. But to our horror his calls have manipulated my daughters mind , she is not ready to file a domestic violence case and she is willing to go back any second. Now I fail to understand the haste her husband is creating in her mind about coming back. As few days back he was not ready to see her. Moreover we have got confirmation through sources that they are willing to go ahead with remarriage of there son, so want to get rid of my daughter as soon as possible. Now if in this scenario my daughter goes back to her matrimonial house, I fear for her life and her children's life , as these people are very wicked. I know if I do a domestic violence case or go to women's cell for any complain my daughter might back out, as she is doing exactly what the husband is asking for. So in such circumstances, do I have any legal options available: 1. To hold her from going back for a year or so, as I am scared for her life at this moment. 2. Incase not, and if my daughter goes back , do I have any legal options available to refrain/scare the inlaws from doing any harassment with her or the children 3. Can I file a case against them without my daughter's consent.
1. You may file a NC in the police station beforehand.
2. You can not by any law refrain some one from doing any act/ crime. You may file NC and as soon as they harass your daughter you may file the case.
3. No, daughter has the locus to file the case as she is being harassed. You can do the complaint but at the time of investigation the daughter should say yes to the allegations.
I would advise you to wait and let your daughter give time to the marriage.
Regards
1. No, you can't do so. If you attempt doing so against the wish of your daughter, you can land up in legal soup as your son in law can file a case of wrongful restrain against you.
2. Yes, you can send them a legal notice, advising them to exercise caution.
3. Nah. This is matrimonial dispute and not an inter-personal dispute.
If you file case against them without daughter consent it would bear no fruits, as the victim is your daghter and she might back of so this is not a good step. As you are already aware of legal course like domestic violence act, cruelty i need not reiterate it. Coming to the query that the daughter is listening to your husband you try to counsell your daughter with professional counsellors may be. there are some ngos also for this. counselling is the best option at this point of time.
even then if your daughter want to go back you cant stop her, but you can keep tag and tell her if any bad incidence takes place she would immediately tell to you so that you can take action on the same.
You cannot restrain your wife from returning to her matrimonial home for period of one year
2) in event your daughter is harassed she can call police helpline for assistance
3) you cannot file case against on lsws withour your daughter consent
1) before she is going back to husband home make an agreement through any mediator.
2)you can notice to police that your daughter is going back to husband home after dispute amicably compromise.
3)you cannot file any Criminal Complaint on behalf of your daughter or with consent her.
1. If your daughter decides to return to her matrimonial home then you cannot stop her from doing so. Since she is an adult she has to adopt her legal remedies on her own. She can file a complaint case under Section 12 of DV Act to seek protection and residence order so that when she returns to her matrimonial home she is not subjected to another act of domestic violence.
2. You have no locus standi to seek any remedies for and on her behalf.
1. You cannot stop your daughter form going with her decision to rejoin her husband in the marital life.
She will not support your cause and you will be in trouble if you take any legal step to stop her from rejoining her husband, hence wait and watch the situation.
2. Until and unless your daughter authorises you to take any legal step all your efforts will be in vain, she may not cooperate with you hence you will be in trouble.
3. No, you do not have any rights to decide about her life. You can support her at the time or crisis and help her in the dire needs, but in the present situation you will be considered to go against the interests of your daughter, be cautious.
