seek orders to direct daughter in law to vacate portion of house in her possession
2) they should seek permanent injunction restraining her from disturbing your possession of house
Daughter in law harassing father and mother in law
My uncle and aunt (senior citizens) are being harassed by their daughter in law quite often with false criminal cases, she alleges and uses money to influence police and the police files case under section IPC 1860 (us 34, 504, 323, 354). My aunt and uncle are undergoing tremendous trauma by this, as they are old aged they are not able to face all the police drama etc., There already a divorce case is in progress, as the daughter in law doesn't want the divorce case to proceed and she is troubling the elders like this. Is there is any way save the elders from this kind of harassment? They even tried filing a injection to abstain her to stay with them, but again she is using false things to delay that case as well. My Uncle son is in abroad and, the divorce case is on for quite some time, he is also afraid of visiting india thinking his passport may be siezed. Can some one help on providing guidance on how to get rid of daughter in laws harassment?
Asked 5 years ago in Family Law
Religion: Hindu
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11 Answers
File complaints under senior citizen Act against the daughter n law if applicable in your circumstances.
Encourage your aunt to file a complaint against her daughter in law under the Domestic Violence Act, to report the atrocities and trauma that's being meted out to her.
Your aunt also has the option to approach the Women Commission and seek justice.
The supreme court time and again had emphasised that, in laws should not be troubled in matters of Husband Wife dispute. Remedy: You can invoke inherent powers of High court under s. 482 of crpc and quash the fir against the inlaws. What is the stage of the case right now?
Uncle and aunty can approach the high court by way of filing quashing petition to quash the FIR against them and further seeking stay on investigation and trial below. Since the case is false and there may not be any evidence the high court shall quash same.
Also the senior citizen can approach the district collector and superintendent seeking protection from harassment and regular intimidation and threat.
they (uncle & Aunt) can file
1. Domestic Violence Claim against the daughter in law
2. application to evict her from their house under maintenance & Welfare of parents & Senior citizen act
3. they can apply for a permanent injunction restraining her from the property.
The remedy for this problem lies with the high court he has to file a writ petition in the High Court to direction to the police to entertain the complaints of the daughter in law after complete investigation in the regards
Dear Madam,
Your aunt having every right to file a Domestic Case against her daughter in law. And get a injunction order to vacate her from your house.
Now the problems of Senior citizens can be resolved immediately under the latest Act i.e. Senior Citizens Act. You please contact any of the local advocate and ask him to file necessary application before Sub Divisional Magistrate(SDO) seeking an injunction order against them and also get open the locked flats.
http://socialjustice.nic.in/UserView/PrintUserView?mid=52569
The Maintenance and Welfare of Parents and Senior Citizens Act 2007
What are the important features of the Maintenance and Welfare of Parents and
http://socialjustice.nic.in/UserView/PrintUserView?mid=52569
Dear Sir,
They are having two options, one mother in law can file DV case, secondly they can take shelter under senior citizens Act.
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 you and your family members. In addittion to it, mother in law can also file a criminal case under domestic violence act against Daughter in law.
Since they have already filed a lawsuit seeking to restrain him from interfering in possession and enjoyment of their property they follow the case properly.
Besides they also may lodge a complaint against her before the same police as a counter complaint.
