My wife has one younger brother aged about 46 years married for last 20 years. My father in law expired in 2014. Wife of my brother in law resides in same city with her own mother and does not maintain cordial relation with her mother in law. She is verbally violent towards her mother in law. She has on several occasions demanded to transfer the parental house and jewellery in her name which is presently in the name of mother in law. Recently she attempted to push her mother in law to hurt her but luckily mother in law was unhurt. Now the daughter in law has threatened to serve legal notice and police action. Mother in law lives alone on her own. Can you please suggest legal remedies available to mother in law against any threatened police action and other attempts by daughter in law against any harm. Brother in law does not endorse the action of his wife and he is away on job to another station. My wife and me too resides in different city and can not help her directly and afraid of any false allegation which the daughter in law may impose. Thanks
1) your mother in law should file suit seek court orders to direct daughter in law to vacate portion of house in her possession
2) seek permanent injunction restraining daughter in law from disturbing her possession of house
3) she can also file DV case seek protection order against DIL
4) if MIL is senior citizen she can seek orders from senior citizen tribunal to direct DIL to vacate her house
1) Ask your mother to make complaints against daughter-in-law under senior citizen act for mental harassment and torture to transfer jewellery and money on her name.
See mother in law can directly approach the police and can file a Domestic violence and abuse compalint against sister in law for hurting and pushing further intimidating for taking over property.
Along the police complaint mother in law can approach the Senior citizen welfare tribunal and can seek relief and protection from daughter in law.
1. Sine this is happening repeated your mother can file case against her daughter in law case under PWDV Act seeking protection against domestic violence.
2. She can also lodge compliant against her daughter with local police on which basis police can register FIR u/s 506, 323, 500 IPC.
3. If the matter is not resolved in time, then file case. Else wait for sometime to die down amicably.
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.
Dear Sir,,
Your mother having every right to file a Domestic Case against her daughter in law. The following information may kindly be read.
All women in household deserve protection under PWDVA 22
When laws are made to satisfy whims of a few feminizes, 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
tantamount 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
The mother in law should lodge a complaint against her for abusing and hitting her under the domestic violence act. She should also obtain an injunction against her so that she may not come to the house. Inform the local police station so that they warn her against visiting her.
Regards
If the mother in law is being criminally intimidated or the threats to her is persisting then she can also lodge a criminal complaint against her daughter in law before local police station besides filing a DV case against her.
She can file Complaint under domestic voilence Act as well as assualt and harrassment sections of IPC
