• Threatening and abusing of mother by her daughter in law

I am in defence so posted far from hometown in delhi. My father expired 3 years back. My sister in law is habitual of drinking liquor, Smoking, taking some other source of intoxication. Her mother, father supports her. So she keeps on abusing, breaking things and threatening to call police for false case. My mother fears of social defame and of police also. But accused tries to attack on my mother. Her parents usually come (when nobody is present in house) and threatens my mother. Her parents teach her to encroach on full property and make my mother and brothers leave the house. How to get rid of this problem.
Asked 4 years ago in Family Law
Religion: Hindu

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12 Answers

Ask your mother to file a domestic violence against her and court will order to throw out her and restrict her parents from entering. It needs proper planning. There are judgements to the effect

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Sir file a FIR and mother cam seek protection against her under domestic violence act and further can take restrain order against her from entering the premises.

Further if she is so brother can take.divorce from her.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

In the present senario, you need to file an informatory petition before the respective court of law stating all your grievances and offences that are going happen against mother. In addittion to it, your mother can also file a criminal case under domestic violence act against Daughter in law.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Dear Client,

House belongs to whom ?

Your mother can all the police, if she creates nuisance in intoxication.

Your brother can take divorce on the ground of heavy habitual drinking.

And don't worry, if she into such things, soon she be hospitalize, automatic relief, till than just call the police if next time she or her parents threats or come to home.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi, your mother can register a FIR for threatning and mental and physical harassment ... It is also an offence under 506 IPC for criminal intimidation

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Dear Sir,

You mother can take the following steps

1. Lodge a complaint in the women cell situated near ITO

2. Can also make a police complaint mentioning the threat to life.

3. Can file a petition under domestic violence act and seek for protection.

4. Can also inform the neighbours on whom you/your mother may have faith.

Besides this you havent stated the age of your mother and if she is a senior citizen she would also get the benefit there so.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Dear client

If the house is in your mothers name than she can seek protection and injunction against her daughter in law from the competent court and she can be easily restrined to enter the house and can be evicted at thd will of your mother. There are recent SC judgments also in your favour.

Adv vikas

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

Who is he owner of property?

If your mother is owner She should file application before senior Citizen tribunal seek orders to direct son and daughter in law to vacate portion of house in their possession

She can also file DV case seek protection order against son and DIL abd orders to vacate portion of house in their possession

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Hello,

Ask your brother and mother to record such threats.

Ask them to call the police at the time when she is drunk/ intoxicated.

Also, ask your mother to lodge a criminal case against the sister in law.

if they want to save themselves and the property then they will have to approach the police.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Your mother needs to lodge a police complaint against your sister in law for threatening her and also if the property is your mother name then she can bring a suit for injunction restraining your sister in law and her parents from entering your mother's home. Other hand you can file a suit for partition if it's ancestral property so that your mother too will get one share in property and lead her life peacefully

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Hi,

If you are in defence services, send application to police authorities of your area through your Commanding officer or welfare officer of unit. This application will for protecting the life and property.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

On whose name is the property?

If it is on your mother's name then she can send legal notice to both your brother and his wife to vacate the house.

Then she can file an eviction petition on the same grounds.

Your brother can opt to live out of the house.

If her mother is also tormenting them then they can lodge a criminal complaint against her mother when she happens to visit the house.

Your brother has to take steps to legally solve the issue.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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