• Protection for parents from daughter-in-law

I need an urgent help on behalf of my parents. I stay outside India and my parents live in Ludhiana. I have 1 sister in Mumbai. And I have one younger brother who had partial epilisy problem from long time. But his illness was well controlled by medicines and he used to go to work along with my dad and earn around 10K per month .On Doc's advise we put an adv in newspaper for his marriage informing about his illness and offered to provide full financial security to the girl too. Then my bhabhi family contacted us and her mom kept on persuading us for almost 2 months. They being very poor family and girl looked very simple and she knew about my brother health so finally we married them. Soon after marriage , the girls family started visiting the house very frequently and stayed there for days.but their visits started become a burden on my mom as she was the one who used to work in kitchen whole time. after 6 months, the girl started showing her true colors and started complaining to give more money in her hand which she was giving to her family. She also started threatening my mom that your daughter's should not visit the home and you give my money to them( we visit our parents once in six months). Still we ignored her behaviour thinking she came from rural area . After 1 year of marriage, she delivered a baby boy and thats when she started creating havoc in my parents life. She got arrogant and demanded whole property in her name as she gave them son. She and her mother started harassing my parents for property and don't do any house work and because of this we got her separated in their house only after some ppl offered to help and our complain in women cell. She behaved well for one month but then she started abusing again and didnt let my brother and his son to meet my parents. She would just snatch his son from my mom if he comes to them. Sensing the danger from her and her family my parents made a registered will and had to give bedhakali notice against my bro ,bhabhi and grandson). She put many ppl in between for resolution and we offered them we will give her house on rent , pay the rent, give her monthly allowance but for our security can't stay with her. But she didn't listen anyone and said she will not leave the house and my parents should go. She started filing false complaints against my parents everywhere. Her brother tried to harm my parents in midnight and there was FIR against him. but he still visits parents house.We applied for eviction notice through DC but nothing happened yet.Now she has a lawyer who has asked her to instigate my parents and get a video recording of them. Now she brings her phone camera out and tries to instigate them, puts on intentional fight and records them. My father has cancer and mother cardiac patient and not able to cam record her and deal with her alone. Police does not seem to help as she is using my brother and son for sympathy. My parents are helpless and scare against her false sympathies. Pl he
Asked 4 months ago in Family Law from Singapore
Religion: Sikh

Your parents should file suit seek court orders to direct son and daughter in law to vacate portion of house in her possession 

 

2) seek injunction restraining daughter in law from disturbing their possession of house 

 

3) your mother should file DV case against son and daughter in law seek protection order , compensation for mental torture undergone by her 

 

4)contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
62506 Answers
3809 Consultations

5.0 on 5.0

Your mother can file a case of domestic violence against sister in law and further can seek protection from under the act .If police os not taking complaint a direct complaint with magistrate can be preferred against her.

Furthermore she can file a suit for eviction of sister in law and brother from property along with permanent injunction and possession of said portition of property.

 

Shubham Jhajharia
Advocate, Ahmedabad
16161 Answers
66 Consultations

5.0 on 5.0

Dear Concerned, 

 

Without delay file a protection writ in the High Court and take benefit of senior citizen laws, as any case you file at the district court will take ages to settle, in the same writ ask direction to the Daughter in law and son to vacate the house immediately. 

 

Best of luck 

Atulay Nehra
Advocate, Noida
1188 Answers
45 Consultations

4.7 on 5.0

In such cases, the mother-in-law should try and record the ill deeds of her daughter-in-law and file a complaint against her in the police station. She can also file a complaint under the domestic violence act against her daughter-in-law as well as her son, if he is also involved in the same.

Mohammed Mujeeb
Advocate, Hyderabad
7695 Answers
3 Consultations

4.5 on 5.0

1) If the house is on parents name than she could not stay in your parents house. Under senior citizen act your parents can file complaint against her and her parents, for threatening, harassing and attempt to kill.

 

2) For safety reason ask them to vacate the house along with your brother for time being and file case against your brother for maintenance under section 125 or CrPC and The Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Ganesh Kadam
Advocate, Pune
6771 Answers
53 Consultations

4.9 on 5.0

1. If the property belongs to your parents then his son has no share in it, let alone the right of  daughter in law herein.

2. The wife has also no share in the property of her husband. She has only right of residence in the property owned by him.

3. In that event your parents can file a suit for declaration and for injunction so their peaceful enjoyment of the proeprty may not be changed. 

Devajyoti Barman
Advocate, Kolkata
16834 Answers
238 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have not cheated her about the fact of your brother illness, so for now, she can’t say this at least before any authority otherwise she would have said of not advertised by you people.
  2. As there has already been a FIR against the brother of your Bhabhi, and he still been coming to your house, so I would advice you to take advantage of the same and file a application before the criminal court for protection or a Writ petition in the High Court as per Article 226 of our Constitution read with section 482 of Cr. P. C., seeking protection from his brother visits and from her also.
  3. Once you file any such application then your parents would be protected by police itself as there would be a court order.

Sanjay Baniwal
Advocate, South Delhi
4241 Answers
8 Consultations

5.0 on 5.0

1. Install CCTV in your house secretly without her knowledge to record all her cruel acts.

 

2. Thereafter your parents including your mother shall have to lodge a police complaint against her and your morther shall have to file a DV case against her.

 

3. Thereafter your father shall have to file an eviction suit against your brother and his family members.

 

4. Finally your parents can file a Writ Petition before the High Court against police inaction praying for a direction upon the police to registar FIR, investigate and act as per law based on the complaint lodged by your mother.

Krishna Kishore Ganguly
Advocate, Kolkata
21993 Answers
570 Consultations

5.0 on 5.0

Please ask your parents to immediately seek relief under the provisions of Maintenance and Welfare of Parents' & Senior Citizen's Act, 2007 for quick relief.  Alternatively, your mom can initiate proceedings under the Protection of Women from Domestic Violence Act, 2005 against her daughter-in-law.  This two provisions should provide respite to your parents'.  

Radhika Mehta
Advocate, Mumbai
460 Answers
4 Consultations

5.0 on 5.0

Providing the financial security does not mean that your parents will take care of their family during whole life as the property I believe is acquired by the parents only and they have all the rights to dispose of the property and allow and disallow any person entry in the property as your sister in law have all the rights to clean the maintenance from her husband and the claim can only be made from his own earnings it cannot be claimed from the earnings of your parents that should be conveyed to her and in case she wants to go to the police let her go to now this is the time that your parents should take some stringent action to save themselves from the cruelty of the daughter in law and in case required they can go to the police station and file FIR in this regard against the cruelity buy daughter in law they can move to the court as well to evict son and daughter in law from the property due to the indiscipline behaviour and cruelity of daughter in law

Vimlesh Prasad Mishra
Advocate, Lucknow
4990 Answers
12 Consultations

4.9 on 5.0

Your parents can give a complaint against her with senior citizens welfare tribunal narrating entire episodes in their petition averments.

Your mother can even file a DV case against her seeking protection and other reliefs.

T Kalaiselvan
Advocate, Vellore
52562 Answers
632 Consultations

5.0 on 5.0

Your mother can file case unde senior citizens Act and evict her. She can also file domestic voilence case

Prashant Nayak
Advocate, Mumbai
9226 Answers
15 Consultations

4.8 on 5.0

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