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
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?
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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
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.
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
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
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.
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
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 .
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.
You can file a domestic violence complaint against them.can seek protection residence rights and maintenance from the husband.
Request you take up the issue with women police station near to you alongwith your lawyer, good remedy you will get
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
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
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.
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.