• Mental harassment

Sir, my husband is alcoholic jobless and mother in law(all properties in her name) is terrible both has been torturing me mentally,sometime physically for three years. I am a parent less girl of 26 and was raised by cousin brother. As I can't afford divorce and b burden to my brother so I request you to advice me how can I stay in my in laws house without being harassed?
Asked 6 years ago in Family Law
Religion: Hindu

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14 Answers

Legal recourse shall not help to unite warring couples, however it can break the marriage.  So it is all in your mind to be or not to be.

Regards 

G.Rajaganapathy 

Lawyer 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

1) You can have talk with the senior members of both the family.

 

2) For time being you can stay there as you know the property is mother in laws name, so you have to keep happy  to her and secondly she will not remain young as today one day she has will became old.

 

3) So everyone has his/her day in life so today is their days ( Mother and Son)  tomorrow will come your days too. Wai n have a patience.

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You need to file complaint under domestic voice Act.  You can stay there without any trouble with support of court.  If they trouble you court will evict them out of that house

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

File DV case against husband and mother in law seek protection order, right to stay in matrimonial home , maintenance and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

You can lodge a criminal complaint against them under section 498a for punishing them for all the cruel acts they have unleashed against you.

You can also file a domestic violence case  against your husband and his mother seeking the relief of protection, residence, maintenance and compensation for all their tortures.

But remember that the consequences of giving this complaint or any legal action taken against them may make things more worse and you may be subjected to more such tortures and sometimes you may even be thrown out of the house.

The police may not come to your support every time, hence you have to take  cautious step on this.

You may consult a local advocate on this and proceed on the advice received.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

you can make a police complaint against your husband/in-laws for the harassment (physical, mental, social, economical) caused to you,

you can also claim maintenance and can also file domestic violence case against them,

and can claim peaceful residential rights in the matrimonial house

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

First of all complain to police of domestic violence. Police will warn them. It is not liability of in laws to let you stay in her house but obligatory on husband to maintain wife and arrange accommodation for her. File complain of dowry demand too, once they will find, You are not helpless, itself will stop.

In case situation reach to divorce, You are entitle to alimony and compensation and recovery of expanses incurred on marriage.

Husband will land in jail and mother have to agree your terms. Non Working husband will not effect your claim .

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

The avoidance of harassment is possible either mutually or through legal recourse.

So take help of your family members to mediate in the dispute and resolve it amicably.

If this is not possible then you can file case under PWDV Act wherein the court can secure your stay in your matrimonial home.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

You can file a domestic violence complaint against them.can seek protection residence rights and maintenance from the husband.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Request you take up the issue with women police station near to you alongwith your lawyer, good remedy you will get

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

Dear Madam,

There are several enactments in favor of married women.  You must show heat of the litigation to your husband and mother in law otherwise you cannot sustain in such unbearable atmosphere.  You can file Domestic Violence case.

File Domestic Violence case seeking following reliefs:

 

PRAYER

                HENCE THE APPLICANT HUMBLY PRAYS

  1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
  2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
  3. Pass orders u/s 18, in totality against Respondent1 to 3,
  4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
  5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
  6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
  7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
  8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Dear Madam,

 

- You can file a complaint in Family court for a peaceful stay at your in-law's house or even can complain to women cell.

- Indian laws have given many safeguards to female in the marriage institution. 

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

It may be time for Marriage Counseling,Marriage counseling can help you rebuild your relationship. Or decide that you'll both be better off if you split up. Either way, marriage counseling can help you understand your relationship better and make well-thought-out decisions.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear client 

You should file a case of Domestic violence against your in-laws under Protection of women from domestic violence act Section 12

This case will be filed in the court of magistrate in which you will ask for various reliefs like protection, financial Maintenance, right to reside in Matrimonial home,  Protection from domestic violence and custody of your child it any. 

By filing this case you can stay in the house with protection and it will not put pressure on your cousin.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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