• Unruly behaviour by daughter in law

Respected Sir
I am a veteran and retired from Indian Air Force. My wife is also a retired teacher. Both of us are seriously hurt by misconduct of my daughter-in-law. My son's marriage was solemnised in Feb 2013. Now over six years have elapsed since their marriage but she has never come to our home. My son is apparently under her wrong influence. In Dec 13,we as a family visited them in Hyderabad to patch up relations, but she left the home and shifted to PG. Again alone I visited them thrice to bring normalcy in relationship but she remained unmoved.Two years back we went again as family. She never mingled with us and a day before our departure she created a scene and made us vacate the home. We are making all attempts but she remained arrogant and ill behaved. My wife alone went to their home in May 2017 but she never opened the door. Neighbours also assembled and made attempt to call her by name. Then police help was sought. She opened the door and left home ignoring counselling by Police. We approached her parents but they do not utter a word. In this regard my wife went to meet her parents last Saturday (07 July 19) and found our daughter-in-law there.She came and shouted" Get out. This is my home",
.We have been ridiculed several times.We have sought the help of friends but all efforts went in vain.. I humbly request to show me the way -legal way or through social activities so that we can bring relations on track.
Asked 5 years ago in Family Law
Religion: Hindu

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15 Answers

1. Well unfortunately your son does not spine and for his cowardice only you and your wife has to face the ignominy at this age.

2. This lady is incorrigible and does not like to mend her ways.

3. Either you relent your effort further or your son come out of his slumber and thinking your conditions leave his own wife.

4. I do not think no amount of social or peer pressure can make this lady agree to stay jointly with all of you unless and until your son becomes a man and act like one.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

Respected sir..

i would like to call you uncle instead of sir ...uncle ji there are no provisions in indian law that can help you in such kind of matter ...uncle ji i am also from haryana rohtak ...there is no loophole at your part but as your daughter law is being all that is norms and values given to her by her parents ...in this matter only your child can help you if he have capabilities to take strong steps ..or anyone from her family can help you who is much close to her who can convince her to leave such kind of rude behave ...and i would like to  advice you to handle this situation socially rather then legally ...i will say you need not to worry because her daughter in law will do the same to her as she is doing to you ...she will have to face each and everything ,,,,as above mentioned am from rohtak and like your son whenever you need you can call me or text me i will be there for you ...i will try my best to help you in every face o life ....

 

Thank you uncle ji

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

1) your son should file for divorce on grounds of mental cruelty 

 

2) wife abusing husband amounts to mental cruelty 

 

3) wife refusing to stay with husband amounts to mental cruelty 

 

4) in event daughter in law files false case of dowry harassment apply for and obtain anticipatory bail from sessions court 

 

5) your son should  not file petition for RCR . It is useless and even if you get decree you cannot  force wife to stay with you

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

Hello,

there is no law by means of which you can force the daughter in law to bring normalcy back to the relationship. 

Morally she is wrong but no legal wrong has been done by her so no case can also be filed by you.

you may ask your son to counsel her so that she talks to you properly. However if the son wants to live with you and she doesn’t then son can take divorce from her on this ground alone.

 

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Your son should file section 9 RCR  if she not contest then court may award  exparte RCR. execute this RCR decree on her and if she does not return to cohabit with your son within one year from the date of awarding of the said decree then you can file a petition u/s 13(1-A)(ii) of the H.M.Act, 1956 seeking divorce on such grounds of her not honoring the decree. If she does not appear during the proceedings the divorce decree can be awarded ex-partee. 
She cannot claim any maintenance while you file such divorce petition nor would she can claim alimony. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hi, if she is not staying with her husband he can file petition under section 9 HMA ,for restitution of conjugal rights ..The court under the petition mediates between husband and wife ..However there is no legal remedy or provision which in-laws can file to improve the relationship with daughter in law

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Your query is not legal rather social,

you can take help of elders/close relatives/friends/etc of both families to bring the relations back on track,

your daughter in law is harassing you and son is under her influence means both are harassing you, one directly and the other one indirectly,

you have two options:

1. be soft, surrender and try

2. be strong, evict both of them from the property, start visiting old age homes, religious places, etc and live life to the fullest, (I know, it's easy to suggest but difficult to adopt) but you have an easy option too 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

See since your son is also to her side it is no use forcing her to come to your home instead you can live peacefully and if try to harass you people can take an injunction order against her. 

Further though if still you want to make an effort legally it is not possible socially through the relatives you can mediate with her and can come on terms. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear sir, 

since you a veteran, please accept my humble respect. As far as i am able to understand your situation, i am of the opinion that the only legal way she can understand the importance of the relationship is by filing an petition under section 9 of the hindu marriage act, 1955 for restitution of conjugal rights. This will be a better option because when court will be calling her and asking her the status and reason. she will be obliged to either reinstate the relationship or to separate ways. 

You can contact me for consultation. if any. 

regards,

YUGANSHU SHARMA

Yuganshu Sharma
Advocate, Delhi
433 Answers
1 Consultation

5.0 on 5.0

There is no legal remedy for such an act. The only way out is dat ur son should understand dat u people r just craving for d love & affection from him & his wife. 2. All u can do is sort some help from NGO's &  INPEA ( The International  for Prevention of Elderly Abuse &  such organizations like who r working in d direction for d concern of elderly persons who r neglected by their children. Urs is more of a social issue than legal. U being Senior Citizens should b given d due respect & support according to your life stage which need to b made understood to your son by social & moral pressure fro d society. 

Sital Patil
Advocate, Kota
139 Answers

Not rated

Your wife can complaint against her under domestic violence Act. If you are above 60 years you can file a complaint under senior citizens Act for evicting her. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

File RCR petition in court first. 

If there is no cohabitation as between the parties for a period of one year  after the order of conjugal rights is passed, then you can go for judicial seperation or for divorce.

If you do not want reunion any more in the marriage, you go for judicial seperation immediately or for divorce directly.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

 it is long time since you are taking effort to get the things now me but in case it is not happening you have to file Restoration of conjugal rights petition and let her reply the petition and in case she is not coming back to the court and reply the petition and quotes gives you degree in this regard then on the basis of the degree you can find the divorce petition

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

If your daughter in law is not willing to continue any relationship with her parents in law then what is that you would be yearning from her.

In my opinion, you have put in best efforts that was possible by you, if she failed to utilise or if she has scant respect towards the relationship or for the social reputation then it is her fate, just ignore her and look into your job.

You have not mentioned that if she is having a good relationship with your son or their relationship is also strained.

You cannot force anyone to behave properly with you agaisnt their willingness, hence you may just ignore it and forget the whole issue, because legally you cannot do anything about it. Except she realises her blunder mistake nothing can be done on it.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

Dear sir

In this case law cannot help you the only person who can help you in this matter is your own son. 

He have to collect courage to get his wife to her knees and come to your home.

As per your version your daughter in law will only bow down to pressure by her husband pressurize her to come to your home.

For making your son collect the courage you should file a suit for maintenance against your son under senior citizen act.

And if you are the owner of home In Hyderabad you can file an eviction suit under senior citizen act to get them both out of the house.  

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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