• Seeking consultation on family issues

My wife is home maker, we are married for 7years. As the year passed by she started behaving differently with my parents. Now a days she started threating to file a case and ruin my career if I do not listen to her. She wants to rule the house.
Q1, Is there any law protecting my parents from the torture of daughter in law?
she also has some psychological issues, we have taken her to drs but she never continued. Her mother & brother is influencing her decisions.
Q2, Is there any law which can stop interference of my in laws? 
Q3, Is there any law which can prevent her to misbehave with me for no reasons?
Asked 4 years ago in Family Law
Religion: Hindu

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20 Answers

1. Till the time there is some prove showing that she has harassed them, there cannot be any case in anticipation.

2. No

3. if she misbehaves with you then you can file a case against her, you can take divorce etc. there is no law which can interfere with human behaviour.

 

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

I think at this stage she needs counselling by a marriage counsellor to rectify the behaviour and at the same time rest of the family should behave potentially.

Taking any legal action to protect the parents will definitely ignite the issue and will definitely create problem.

 

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

For that reason counselling is needed for both of you and if possible for your parents as well to rectify the behaviour.

Please remember to rate the answer if you like it.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. You mother can file a complaint under domestic violence also your father can file a police complaint for harassment.

2  See there is no law to stop her from taking to her parents.

3. See as such there is no way to stop it you can give her notice and file for divorce on ground of cruelty.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

There is no law to separate her from your in laws. She will have to agree for the same. Take her out of psychological consultations and sessions and that will be best for you at this stage rather than taking things to court. 

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

if your parents are senior citizens than under senior citizen act they can make police complaint against her.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

If house is in parents name they can file complaint against you and your daughter in law seek others to direct both of you to vacate portion of house in your possession 

 

2) seek permanent injunction restraining you from disturbing their possession of house 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

See you can also file a NC before police station that you wife's mental health is not good and she and her mother are harassing and intimidating you for false case.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear sir, 

My answers are as follows- 

Q1, Is there any law protecting my parents from the torture of daughter in law?

she also has some psychological issues, we have taken her to drs but she never continued. Her mother & brother is influencing her decisions

Answer- normally, senior citizens i.e, your Parents may not be included in the FIR or they can get anticipatory bail easily and
they can approach High Court for quashing such Proceedings..


Q2, Is there any law which can stop interference of my in laws?

answer- You can file a suit for permanent Injunction against them and seek interim relief restraining them from interfereing.
in to your private family life.

Q3, Is there any law which can prevent her to misbehave with me for no reasons?

Answer- there cannot be such law and it is for you to control her. Your mother can file Domestic Violence case against her.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Ans: you should file an NC with the local police so if in case your wife files for a DV complaint you can have some rescue early.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

1. Collect evidence of her said tortures meted on your parents and youself by audio/video recording her conversations.Thereafter your mother can file a DV case against her and your parents can also can lodge a police complaint against her for torturing them.

 

2. If  your MIL directly misbehaves with you or your parents then you or your parents can lodge a police complaint against her..

 

3. No law can prevent her from misbehaving with you. If she misbehaves with you, you can file a divorce suit against her on the ground of cruelty submitting evidence in support of your allegation.

 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. Before she goes to police with DV complaint, your mother should file the DV complaint also including the prayer that she should be compulsorily subjected to treatment by psychiatrist of a Govt. Hospital .

 

2. You can file the divorce suit on the ground of her getting psychological disorder for which you already have the prescription and therein you also can pray for her mandatory treatment by psychiatrist of local Govt. Hospital as an alternative to the decree of divorce to save your marriage.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

You can invoke provisions of domestic violence Act or senior citizens Act against daughter in law

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

1. Your mother can file a DV case agaisnt her and your father can file a complaint with the senior citizens tribunal seeking protection from her due to her erratic behavior and threatening attitude.

2. No, if at all they are directly indulging in the activities against you then you  can take proper legal action as per law.

3. You can lodge a criminal complaint against her for creating nuisance and threatening activities.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

If the situation is beyond control and if you feel that it is no more tolerable, you may decide to quit the married life instead of continuously suffering from her constant threatening and other undesirable activities towards you and your parents.

You can decide to file a contested divorce against her on the grounds of cruelty.

You can consult an advocate in the local and proceed on the advise received.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

There is a judgement that parents after marriage should not interfere in the children's lives.

Parents should not interfere in daughter's married life: HC - http://toi.in/LgsYwa/a31gj

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1. Your mother can file a complaint case under DV Act, 2005 against your wife to seek protection order against acts of domestic violence by your wife.

2. You cannot stop your wife from communicating with her parents.

3. If the house in which you reside with your wife is owned by your parents then your parents can file a suit for eviction of your wife from their house.

4. If and when your wife files a 498A case then apply for anticipatory bail.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Sir,

Safeguard yourself, your parents and your relatives.
1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.
2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately. 
3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again. 
4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.
5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.
6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI. 
7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction. 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Parents can file a civil suit before the district court for permanent injunction. daughter in law has no right to acquire self acquired property. Law is very clear on this point..

Your mother can also file Domestic violence  against your wife.

you can take steps against your wife as well as other members of her family other than divorce.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. There is no such law which can change behaviour or nature of a person with others in their family.

2. Your parents can file case against daughter i. Law under senior citizen act for her eviction from their house on ground of mental cruelty by threatening of filling false cases

3. Your mother can file domestic violence case against her daughter in law.

4. You should try that she should talk less with her mother and brother who are influencing your wife because no law can stop interference of her parents in your family. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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