• Emotional abuse by sister-in-law

Hello, I am from Delhi and I live with my husband his mother and sister. My sister in law is seperated and is legally bound since 10 years in a divorce case with his husband and not giving divorce for better emoluments. She on other hand behaves very badly with all of our family members and even hits her mom who is a neurologic patient. My husband's elder brother is also stuck in a legal case due to her sister. Elder brother's sister also left home coz my sister in law also misbehaved with her. I feel very vulnerable and emotionally distressed due to her constant ill behavior with me family members and servants. Please guide what sort of legal actions I can take against her.
Asked 4 years ago in Family Law
Religion: Hindu

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19 Answers

You can File DV case against your  sister in law and seek protection order , compensation for mental torture undergone by you 

 

2) record her abuses .it would help you in making out a case 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

You can file dv case against her On ground of emotional abuse. 

 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1. you and your mother in law can file a complaint of violence (domestic) against her,

 

Suneel Moudgil
Advocate, Panipat
2380 Answers
6 Consultations

4.8 on 5.0

When we get married and become part of a whole new family, we have nothing but the best of intentions in our hearts. We want to embrace the new culture and accept everyone as our family members. However, not all of us are lucky enough to get this feeling of acceptance and love reciprocated by our in-laws. The controlling sister-in-law can be the most tiresome, as they expect you to abide by their rules and regulations, and can try to curb your independence.

 

At first it is very difficult to see how to love someone who behaves in such a manner toward you, but talk to your husband to understand her character better. Once you understand that this childish behavior comes from a place of insecurity, you will be able to love her better. You will be able to sympathize for her better.

 

Legally you can file  DV case against your sister in law and seek protection order against her.

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

If you can't tolerate the situation and feel that if this continues you may not have any peace at home, you may decide to live separately away from that house along with your husband and if possible to take your mother in law also with you. 

You can also file a DV case against her seeking relief from her humiliation. 

T Kalaiselvan
Advocate, Vellore
84712 Answers
2172 Consultations

5.0 on 5.0

It appears your matrimonial home is in real mess and if that is so then it is not good for your marital life to stay in the same house.

So get separated and sty with your husband at some other place.'You can not correct your sister in law bu can be away form her evil designs and acts. 

This appears only solution for the time being.

Legal action would only complicate things further. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

You can file a case of domestic violence and cruelty against her for her harassment towards you and other family members though the court shall take cognizance on part against you.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Can`t help it until her mother or brother initiate. You can file complaint agasint her but till mother and your husband not go agasint her.

And is mother is law is also disturb from her than good possibility of filling complaint again her. Police will issue warning, if repeated will be arrested.

Obtaining prohibition/protection order under senior citizen court agasint daughter will be waste of time. And should process if police do not take action on your/MIL complaint.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

You and other women of the house can file a domestic violence case against her. Moreover although it sounds bad but you should help her husband in her divorce case and give evidence of her bad behaviour so that she may be set right.

Regards 

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

Dear Concern,

Please note - 

01. Your mother-in-law who is a neurological patient can come up before the court seeking eviction of her daughter for the safety of her life and limb if the property is on her name or on the name of her husband who has left for his heavenly abode before 2005.

02. If your father-in-law has left for his heavenly abode after 2005 and the property is on his name then your sister-in-law has some share in that property. In that case your mother-in-law or your husband can bring a suit for partition getting the property divided and separated. In that case you all will be living separately and no one will be interfering in each other's life. 

03. Another way is to renounce all relationship in between her and yourself, your husband and your mother. Meaning thereby all three of you (you, your husband and your mother-in-law) will get an affidavit prepared stating that you all have nothing to do with your sister-in-law and if she does anything or anyone believes her statement or act then they are believing her or getting involved with her on their own and you all shall not be held responsible for the same. You have to get this affidavit published in paper (Hindi and English). Subsequently based on this publication of affidavit you all may seek separation from your sister-in-law.    

04. Some other ways are (though not advised) - 

A. You file a case of domestic violence in against your sister-in-law seeking her eviction,

B. You file a case of restitution of conjugal rights under section 09 of Hindu Marriage Act seeking separate residence for yourself and your husband leaving your mother-in-law and sister-in-law,

C. You file criminal case of Section 406, 504, 506 of IPC criminally implicating your sister-in-law so that she kept on running to courts and remains in peace by way of these cases. A criminal case is a very easy way to bring someone in line but it simultaneously brings lots of difficulty and hatredness.

My best wishes to you. 

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

- You can file a complaint against her under cruelty towards you in local police station having jurisdiction of your area.

- Advisable to have the evidence in favour so that you can prove your version in the court.

 

Regards

 

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

- You should file complaint against her under the provision of Domestic Violence Act.

- Further, you can also lodge your complaint against her harassment & abusive nature in the women cell of your area.

- The official of women cell will firstly try to reconcile the matter , otherwise, they will take harsh action against her. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Dear Madam,

You should file a complaint under section 12 of the Domestic Violence Act 2005. A victim of domestic violence receives proper protection under this Act. Domestic violence is a vicious or horrible form of violence because it commits within the four walls of the family house.

It is evident from your question that your sister-in-law has been committing domestic violence. According to section 2(q) & 3 of the DV Act, you can file a complaint against any relative of the husband [Sandhya Manoj Wankhede vs Manoj Bhimrao Wankhede (2011) 3 SCC]. Hence, file a complaint under section 12 of the DV Act against your sister-in-law.

Filing a Complaint

Section 12 of the DV Act provides a procedure for filing a complaint against the respondent. The word respondent is significant regarding the complaint. You can make your husband or his any relatives as the respondent who have committed violence against you.

According to that section, you can file a complaint either personally or through a protection officer. The complaint will be presented in the court of Judicial Magistrate of the first class.

If you do not want to file the complaint personally, then you can take the assistance of the protection officer. For availing his help, you should contact the Secretary of the legal service authority (LSA) or in-charge of Mahila Thana. The government has established an LSA in each district civil court.

Evidence

Your sister-in-law did not commit physical or bodily injury. She humiliated and threatened you on several occasions. The DV Act regards the insult, humiliation, ridicule, name-calling, repeated threats etc. as verbal and emotional abuse.

Those abuses do not inflict any visible mark on the body, hence, not necessary to produce documentary proof of verbal and emotional abuses.

Relief

The DV Act provides several relives to the person aggrieved of domestic violence. Particularly in your case, you can seek a protection order under section 18 of the DV Act. Through this order, the court shall prohibit the respondent from committing, aiding or attempting to commit any domestic violence.

In addition to it, you can also seek a residence order (section 19) for restraining the respondent from entering any portion of the shared household.

If you think that your husband can retaliate, then you can also seek residence order against him. The court may restrain him from dispossessing you from the marital home.

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You can only file criminal complaint. If you have senior citizens at your place you can initiate action under senior citizens Act ans evict her

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

1. You should file Domestic violence case against your sister in law.

2. Demand protection order from court.

3. Convince your mother in law to file eviction suit against her under senior citizen act. And if she is mentally not stable then your husband can file case of her behalf as legal guardian of mother. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Ans:- First of all, get an NC recorded against this sister in law so that tomorrow if something happens (god forbid) then atleast you know, Courts can be approached. 

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

you can file a dv complaint against her. 

your mother in law can also file a dv. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. You and/or your mother-in-law can file a complaint case under Section 12 of DV Act against sister-in-law to seek protection order to stop her from committing any act of domestic violence against either of you.

2. If the house in question is owned by your mother-in-law then she can evict her daughter by filing a suit for eviction against her daughter or claiming this relief in DV case itself.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Get hidden cameras in your house and apply other methods also to record her acts. Then file cases against her for all the offences she is committing. Get divorce too. 

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

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