• Protection order against sister-in-law

I am pursuing Phd as a part-time scholar working at hyderabad and got married to a guy in Warangal in 2015. after marriage, we are living in Hyderabad and was visiting my in laws in the weekend. after that i delivered a baby boy with lots of tensions from inlaws and continued to study now my father-in-law expired and now sister-in-law is taking advantage of it she torched botherinlaw his wife and children and bet them with the help of other 2 girls who are the daughthers of expired sisterin law and now she is abusing me with bad words and telling not to come to inlaws house as am not staying there whenever i go she comes and create fight between my motherin law and me and crashed our relation such that now my mother in law doesnt trust both the daughther in laws of house and need nly my husband as his property documents gold mooney are in her custody so my husband is doing what ever they say.is it poossible to take protection order againt my sisterinlaw for my visit to in law house?
Asked 4 years ago in Family Law
Religion: Hindu

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18 Answers

Yes you can take protection too and I could suggest you lodge police complaint against her that whenever you visit your matrimonial house she’s not allowing you to enter and she’s troubling you and she’s giving threat tour life and she’s saying to leave the house and all you can take protection from her under section 12 of domestic violence Act, do that immediately.

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

Firslty, as per the information mentioned in the present query, makes it clear that you have been subject to torture without any reason.

Secondly, till the time your in laws are not asking you to not to come to them till then no one can stop you from visiting there.

Thirdly, you may file a criminal case agaisnt her for wrongful restraiment.

Fourhtly, if police doesn’t do anything then go before the Magistrate in a complian case to registered FIR agaisnt her.

Once this is done, I am sure she won’t mess with you...!

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Mam in this condition what I will suggest you before going court you should with some patience deal with the family use try working on relationship with mother in law help of.your husband and avoid sister in law for time.being.

Legally you can file a case.of domestic violence for.mental abuse against her and can take protection.order but that can ruin the relations further and can hamper.relationship among other family.members.

If things go out of hand then file a complaint against her in mahila police station or directly file a domestic violence case with magistrate and seek order against her.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

You can file criminal complain next item if she creates any strain, this way police will issue prohibition order and if she violated, police will proceed against her. And your mother is law can seek restrain order from court and even from police not to enter in her home if she complains.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You may file a case of domestic violence against your sister in law in the police station of your area of residence.

Please remember that the house is your matrimonial home and your husband may file a suit for the partition of the property.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You can approach the mediation centre In court of your local jurisdiction.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Dear Madam,

Now the definition of woman under Domestic Violation Act is enlarged by Supreme Court you may file DV case and protection orders as follows:

All women in household deserve protection under PWDVA

22

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

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

you can record the abuses

2) file police complaint against sister in law under section 504, 506 of IPC

3) seek order restraining sister in law from contacting you in any manner

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

1) Here you have to act very smartly and play the cards very appropriately in the house and prove your husband all allegations against which mother-in-law are raised whenever sister-in-law visit at your house.

All those allegations needs to make false against you.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

suggest you before going court you should deal with the family, try working on relationship.

Legally you can file a case of domestic violence for mental abuse against her and can take protection order u/s 12 domestic violence act but that can ruin the relations

You may also file a complaint against her in police station.

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

Hello,

Yes as and when you visit the house, you give a complaint to the police station that you are not being allowed to visit the house and as such protection for the same be provided to you.

Get in touch with some local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hello,

Yes you can file the case after 1 year also,

Just during the one year keep the matter alive by sending them letters to allow you to visit home, so that you can tell the court that you have been trying hard to resolve the matter amicably since last one year.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Complete your studies

Visit family counsellor with husband

Do not be in hurry to go to court

You can apply for protection order after one year but would need recent evidence

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

1) First You concentrate on your study of Phd, this is very important task for you to get complete your goal in life to achieve something for carrier point of view. first fix the Goal rest of the things automatically will get away from you once you have stable job and reputation in society and able to earn good property and run your own family alone and just paying 1K on mother-in-law per month she will start talking from your side like parrot.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Yes it would be a wise decision.

At this point of time I would advise you to stay away only , filing in court at this moment can hamper relationship with husband also so avoid that.

They cannot object your relocation in any case,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Legally, you can file a domestic violence case against your mother in law and sister in law besides your husband seeking protection, residential rights and action against their tortures and also for return of your jewels and other articles.

But this step may strain your relationship with them further more hence you may better arrange for a meeting with elders of both sides to reconcile the issues and arrive art an amicable solution for this

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

As suggested by you that you have to stay away from them for few more months, you better do that.

The responsibility to get the girls married is not on your head, let them decide about it and do whatever they would like to in this regard.

You can help them when your help is required for them.

In my opinion, it will not be advisable to take any steps for solution through legal forum or law, it may create a permanent scar mark which may not be able to be erased in future too.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Concentrate on study complete your phd,do your duties

Try to save relations tell the truth to girls also

Still they are doing then you have take legal action

Consult local advocate who can suggest you and will help you better instead of these answer.

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

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