Tell her to file domestic violence case against her
My father-in-law (wife's father) physically abusing his wife
My father-in-law is very abusive and he physically assaulting my mother-in-law even for silly reasons like not respecting house maid. In the recent assault, she almost lost her eye. Still, she is saying it is her destiny and asking us not to interfere. How can we help her? He convincing her is the only way out for filing domestic violence/ attempted murder case? He also has an affair and he openly admitted it.
Asked 6 years ago in Family Law
Religion: Hindu
19 Answers
1) your mother in law should file police complaint against her husband for physically assaulting her
2) she should also file DV case seek protection order, alternative accommodation, maintenance and compensation for mental torture undergone by her
1. she (mother-in-law) can file a case of domestic violence against his husband,
2. she can also lodge a police complaint
3. she can also file a case of divorce on the ground of cruelty and adultery
If your mother in law is not cooperating for taking any legal action against her husband for the alleged tortures then you cannot do anything about it.
However you can give a police complaint but if she denies the commission of the offences then your efforts will become futile.
You may have to convince her and make her to cooperate if you require a solution.
See you or your wife on behalf of mother in law can give a police complaint against father in law since cognizable offence is happening in front of you though in case she only deny then there shall be no favorable outcome.
She can file case against him on domestic voilence and hitting her, plus attempt to kill.
Your mother-in-law have all the rights available to women and need to take some action by calling 109 and report the abuse. Even if she is illiterate her report will be recorded by police
Hi all, Thank you very much for your valuable advice. Here me and my wife are struggling to convince her! Truth is my father-in-law blackmailing her like he come after us if she give any compliant. He is very careful about providing evidence. I myself tried with call recordings. I have her photograph with serious wounds. With that I can lodge police compliment. But, if he comes up with cock and bull story, my mother-in-law inevitably supports it with the fear of him doing something harmful to both of us. We are clueless what to do. I feel he has serious psychology problem. I have a call recording of him saying he pulled his wife to keep a devil out of her and because of that she got hurt. Suggest me what to do. I needed one flawless procedure to keep her out of danger.
Asked 6 years ago
Let her come with any story you file a detailed complaint first. That's important
Your mother in-law evidence would be necessary to make out a case of DV
2) she can seek protection order, alternative accommodation , maintenance from your father in law
- Your mother-in-law ,being a woman can also file a complaint with the police against your father -in-law against his physically assaulting & torture .
- Further , she can also file a case against him before the magistrate under the provision of domestic violence act.
- Further, she can also lodge her complaint with the Women cell as well.
- If, she is not ready to take any legal action against her husband, then any another member of the family can also lodge complaint on her behalf.
- You can also lodge a complaint on her behalf with the women cell /women commission .
As suggested, you may hav to convince your mother in law to report the matter to the law enforcing authority or to the police.
Without her support or her participation, no complaint from your side or from your wife side would be maintainable nor it would be entertained.
It may turn out to be a false case in case your mother in law decides to support her cruel husband fearing more harm from him, hence she has to be brought out of this mental trauma first and then you can decide about further actions.
1. In this case you can call women help line and complaint about your father in law for assaulting your mother in law.
2. Here your wife can also lodge FIR against her father for assaulting her mother and take her to medical for medico legal examination.
3. For helping her you and your wife should take her away from her husband for some time and try to convince her for taking strict actions against her husband and convince her that he cannot hurt you or your wife.
Your mother in law may file the complaint case U/s 12 PWDV Act before the concerned Court regarding domestic violence and may also file the complaint before Crime Against Women Cell for such harassment being caused to your mother in law by your father in law.
Your mother in law can directly file a complaint in the jurisdictional Magistrate court for obtaining orders or reliefs under Protection of Women from Domestic Violence Act (PWDVA).
See there is procedure prescribed under law for complaint it can be made before police or before court . Also to seek help you can contact senior police officials though if mother in law denies same weakens your case.
1. Your MIL has the remedy of filing a complaint against her husband under Section 323 and 498A for cruelty and causing hurt and get the FIR registered.
2. You cannot help her if she does not want to be helped. Since she is the victim she alone can set the legal process in motion by filing the case and getting her statement recorded.
3. Attempt to murder is not made out from the facts furnished by you. She can file a DV case under Section 12 of DV Act to seek protection order against her husband.
Dear Madam,
There are several enactments in favor of married women. You must show heat of the litigation to your husband otherwise you cannot sustain in such unbearable atmosphere. You can file Domestic Violence case.
Further, she can also file an application under Section 12 of Domestic Violence Act, thereby seeking compensation for mental harassment. In case she requires residence, then she can file application under Section 19 of the said Act for seeking right to residence. In addition to aforesaid, in case she desires maintenance then she can file a case under Section 125 Cr.P.C., thereby seeking maintenance.
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
- 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,
- 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/-.
- Pass orders u/s 18, in totality against Respondent1 to 3,
- 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.
- 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,
- 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.
- The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
- That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.
If she is senior citizen, then file case case under that act also.
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 legal action. 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
The domestic violence case can be filed by your wife ie her daughter. You should mention all the incidents and name your father in law.
Take her away from that house. As long as she lives there she is under his influence.
Then file a complaint against him.