• Mental harassment using abusive language by wife of my brother

Myself, Mrs. Shipra Debnath (61+ years) W/o, Late Sri Barun Kr. Debnath residing at 15/115, Jheel Road, Bank Plot, Jadavpur, Kolkata – 700075 request your kind attention & intervention to relieve myself from the daily domestic violence/mental agony that I’m suffering at my own house for a long time now.

After my husband’s death in Nov 2013, I was left behind with my 2 sons (Abhijit & Surajit) & my elder daughter – in – law Anamika. Since Abhijit’s marriage with Anamika, the later have never been happy with Abhijit & due to each & every small issues, it became her habit & attitude to put the blame entirely on me & my family (including Abhijit).

The situation detoriated after Surajit (my younger son) got married to Sreetama in Dec 2014. He was thrown out of his own room overnight by Anamika due to no valid reason (while her husband stood watching everything silently) & finally she took the possession of the entire 1st floor of my house along with Abhijit.

But, it wasn’t the end. Anamika started quarrelling with Sreetama unnecessarily on an almost daily basis using “slangs” & other “abusive languages”. At the beginning, Sreetama felt bad but kept silent. However, with the course of time even she turned out to be impatient & use slangs & other abusive languages against Anamika.

Abhijit, Surajit & Sreetama stays out of the house due to their jobs during the morning & afternoon. And I keep fearing about Anamika all this time in case she start abusing me verbally or involve in a physical assault with me. I’m not steady, fit & fine enough to save myself from her & hence request your kind understanding & suggestion to put an end to this domestic violence once & for all.
Asked 5 years ago in Family Law
Religion: Hindu

2 answers received in 1 hour.

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15 Answers

You can invoke provisions of domestic voilence Act and file a complaint against all the aforesaid offenders.  If you are a senior citizen then you can also invoke provisions of senior citizens Act and file complaint against them

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Madam,

You have 2 options -

1. Lodge a complaint with local police station to the effect that you are a senior citizen and Abhijit, Surajit & Sreetama stays out of the house due to their jobs during the morning & afternoon. And you keep fearing about Anamika all this time in case she start abusing you verbally or involve in a physical assault with you. You are not steady, fit & fine enough to save yourself from her so provide me protection from my daughter in law.

2. Lodge a criminal complaint filed under Domestic Violence Act in family court against daughter in law narrating all the facts with proof, if any.

3. Get CCTV installed in your house.

Dalip Singh
Advocate, New Delhi
1084 Answers
36 Consultations

5.0 on 5.0

In such cases, the mother-in-law should try and record the ill deeds of her daughter-in-law and file a complaint against her in the police station. She can also file a complaint under the domestic violence act against her daughter-in-law as well as her son, if he is also involved in the same. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Mam file a complaint under Domestic violence act against the daughter in law on ground of abuse and mental cruelty.

Give a complaint first police will try to.mediate if she on complaint agrees that she will mend her says you can withdraw same or if not you can go ahead with FIR.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Install CCTV cameras in the living room of your house 

 

2) if you are harassed call police helpline for assistance 

 

3) you can also file DV case against son , daughter in law seek protection order ,injunction restraining them from disturbing your possession of house and to vacate portion of your house in their possession 

Ajay Sethi
Advocate, Mumbai
94746 Answers
7540 Consultations

5.0 on 5.0

You need to file a case under senior citizen act of domestic violence and I have also obtained the same in other cases and can show you order copy.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1. I is not clear who s the owner of the house. If it is you alone then you can ask all of them to leave yu alone.

2. if you can not do so then you have the option of filing a case before the Senior Citizens Tribunal.

3. Another option is to file case under PWDV Act.

4. Do inform the local Police whenever abuses and tortures increases. Do not get cower under threat of your DIL and more you do the more her atrocities would become.

5 Do not keep silence anymore and contact an advocate. 

Devajyoti Barman
Advocate, Kolkata
22830 Answers
488 Consultations

5.0 on 5.0

File domestic violence case agsinst her.

Complain to police if any physical assult to you by your daughter in law and file FIR against her.

consult with some lawyer to handle the issue.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Hello, 

You can not take any step in anticipation. 

As soon as you are subjected to domestic violence, you may call the police and may lodge a FIR against her. 

In anticipation that she might harm you if there is no one at home, you can not lodge a complaint. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Whom this house belongs to ? you can evict her, Daughter in law has no right claim stay in in laws house. And if your son is mute spectator, than you can evict both of them from joint family poverty by filling application under senior citizen act.

You can also file police complaint of life threat to near by Police station.

Yogendra Singh Rajawat
Advocate, Jaipur
22643 Answers
31 Consultations

4.4 on 5.0

Dear Sir,,

You are having every right to file a Domestic Case against your daughter in law.  And get a injunction order to vacate her from your house.

The following information may kindly be read.

All women in household deserve protection under PWDVA 22

When laws are made to satisfy whims of a few feminizes, the result is such litigation as in this Delhi case below.  It is to the credit of few judges who come out with such judgments every once in a while which puts brakes on the onslaught unleashed by Domestic Violence industry.  Some excerpts of the judgment are below followed by full text later:

The misuse and abuse of the Act is a
matter of serious concern for the courts who are required to be
careful and ensure that a woman petitioner is not made a puppet
or pawn in the hands of her male relatives so as to manipulate
the Protection of Women from Domestic Violence Act, 2005
and use it for ulterior motives.

At the very outset I may observe that merely because
the revisionist no.3 Smt. Sarika Mehta happen to be the real
sister of the husband of present respondent would not ipso-facto
imply a domestic relationship to the extent as contemplated
under the Protection of Women from Domestic Violence Act,
2005 as she is residing separately with her own husband and
cannot be deemed to be a member of the shared household as a
joint family.

Making wild allegations against an unmarried sister-in-law of a
tender marriageable age by an estranged wife of brother
tentamounts to inflicting violence upon her and it is the duty of
the court to ensure that she is protected from the same.

 

And

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.  Few FAQ's are as follows:

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

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Hi, 

In the present situation, the silence of Abhijit aiding boost to wrong activities of his wife. So, you may disown them (Abhijit and his wife) from your properties and may ask them to move away and give you the peaceful life.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. The house stands in whose name? Is it in your own name  or your late husband's name?

 

2. You should immediately lodge a police complaint against Anamika for assaulting you. If police refuses to register FIR, then file a Writ Petition against police inaction before the High Court and in that case, the   Court will summon Anamika and Abhijit and ask them to leave your house (if it stands in your name).

 

3. If the house stands in the name of your late husband, then you can file a partition suit praying for partitioning the house with metes and bounds to stay peacefully in your portion.

 

4. You and Sreetama jointly or individually file a DV casec against Anamika

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

If you are being tortured b y your daughter in law then you can file a domestic violence case against her and also if there is any physical assault , you may approach the local police with a complaint against her.

She may in retaliation, file a counter case agaisnt you, but you can manage to challenge the same on the basis of documentary evidences and merits in your support.

 

T Kalaiselvan
Advocate, Vellore
84948 Answers
2198 Consultations

5.0 on 5.0

Respected madam

You can file a complaint case of domestic violence against your daughter in law anamika in court the court will order her to stay away from you and appoint a protection officer for you who keeps visiting you for your protection.

Or You can file a suit against her under senior citizen act by which you can claim eviction of elder son from your house and maintenance from him.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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