• Case on sister in law (brother's wife) for mental harassment

I'm 36yr old, my sister in law abuses me for not getting married, she also abuses my parents for not me getting married. She teases me with different names. I'm daily getting mental torture from her, she has threatened me for killing me. But according to Indian law, all aspects are in favour of daughter in laws. But I'm really helpless, please guide me.
Asked 1 month ago in Family Law from Delhi, Delhi
Religion: Hindu

Hello,

If you have prove that she has threatened you then in that case you can go ahead and file the case. There is no bar.

Regards

Anilesh Tewari
Advocate, New Delhi
17614 Answers
288 Consultations

5.0 on 5.0

See if she is intimidating and threatening you and abusing you you can file a police complaint. Also your mother can file a case of domestic violence and cruelty against her.

Shubham Jhajharia
Advocate, Ahmedabad
24319 Answers
96 Consultations

5.0 on 5.0

Hi

File a police complaint against her for threatening you of life under section 506IPC

Thanks

Rahul Jatain
Advocate, Rohtak
2412 Answers
4 Consultations

4.9 on 5.0

First of all stand for yourself not getting married is not a crime. there are so many women who are not married and you can definitely sue her for defamation. but I would like to tell you that don't be ashamed of this marriage taboo. this is your house just nobody can taunt you like this. May I know what you do.

Varnika Singh
Advocate, New Delhi
314 Answers
2 Consultations

4.9 on 5.0

Record her abuses 

 

File police complaint against her under section 504 of IPC for acts endangering peace 

Ajay Sethi
Advocate, Mumbai
74527 Answers
4458 Consultations

5.0 on 5.0

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
74527 Answers
4458 Consultations

5.0 on 5.0

Well,  your gender is not clear to me. 

If you are 8female then you  can file a case under PWDV Act to stop thus harassment. 

If you are a malw then keep informing the local police about the harassment in writing.  This may not stop the nuisance but would help you in a long way in defending the dowry harassment case if filed by her. 

Devajyoti Barman
Advocate, Kolkata
19581 Answers
278 Consultations

5.0 on 5.0

You can make a police complaint and also file a case for defamation against the person.

Anand Shukla
Advocate, Delhi
572 Answers
13 Consultations

4.9 on 5.0

Record her acts and than file complaint against her insulting modesty of women. Doesn't matter whether it is Male or female. Whoever do such an act agsisnt a women is a criminal offence. 

Also you can file DV case against her under protection of women from domestic violence act. Her act is mental cruelty.

Yogendra Singh Rajawat
Advocate, Jaipur
18502 Answers
22 Consultations

4.6 on 5.0

You can inform your brother and parents and ask them to instruct her to mind her own business.

If she is still not remaining silent, then you can issue a legal notice to her warning her to mind her own business instead of interfering in your life unnecessarily.

If you are employed and earning a good salary, you may better avoid her by shifting yourself to some other rented accommodation out of this house which can avoid plenty of problems.

If she still tortures you after leaving the house then you can lodge a complaint against her with police for her threats and seek protection.

T Kalaiselvan
Advocate, Vellore
64506 Answers
835 Consultations

5.0 on 5.0

No case for mental harassment will be maintainable.

Your complaint will not be entertained by police because there is no provision in law to entertain the complaint.

However, cases of mental harassment can be filed in the civil court as well as a criminal court, if you add the charge of criminal intimidation.

 

T Kalaiselvan
Advocate, Vellore
64506 Answers
835 Consultations

5.0 on 5.0

If you stay with her then you can file domestic violence case against her. Otherwise you can file harassment case

Prashant Nayak
Advocate, Mumbai
18628 Answers
34 Consultations

4.6 on 5.0

Hello,

Ask your husband to interfere, if he refuses then file a case under section 498 a IPC or a case under D. V. Act.

Regards

Swarupananda Neogi
Advocate, Kolkata
1630 Answers
4 Consultations

4.7 on 5.0

Dear Sir/Madam,

There are many instances of harassment, mental torture and cruelty by brides in order to start the problem in the family and fulfill their hidden aim of harassing the family and extorting the money. But, how long a person can sustain this, and in the present circumstances, you are suggested to take help of some family counselor, NGO as well as police for eradicating the problem from root.   

Ganesh Singh
Advocate, NEW DELHI
4431 Answers
9 Consultations

4.5 on 5.0

if she is continuously intimidating and threatening you, then you can file a police complaint,

if she is defaming you publically, you can file a defamation case

Suneel Moudgil
Advocate, Haryana
2074 Answers
3 Consultations

4.7 on 5.0

Yes, you can make complaint against her for any false allegations raised against you. Ask you parents to make properties GIft deed or WILL deed in your favour so in future you should not have any trouble or ask them to make equal partition of the property all these harassment and torturing are of property issues mostly.

Ganesh Kadam
Advocate, Pune
9680 Answers
80 Consultations

4.9 on 5.0

This is my response to you:

1. If you file an FIR against her first then the law will be in your favour;

2. Collect all evidences and then do file a complaint;

3. Also approach the women's cell for help;

4. Consult a good criminal lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1917 Answers
3 Consultations

5.0 on 5.0

1. You can file Domestic violence case against your sister in law and demand protection orders from court.

2. Record the incidents when she harass you and your parents and called you with different names.

3. Yes you can file mental harassment case against your sister in law. 

Mohit Kapoor
Advocate, Rohtak
7952 Answers
2 Consultations

5.0 on 5.0

Dear Madam,

Now the law is enlarged and as per recent supreme court judgment mother law or you can file Domestic Violance case against your sister law under following provisions of  law

===================================================================

Supreme Court of India

Hiral P. Harsora And Ors vs Kusum Narottamdas Harsora And Ors on 6 October, 2016

Author: ……………………J.

Bench: Kurian Joseph, Rohinton Fali Narima

"17 Right to reside in a shared household.— (1) Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same.

(2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law."

Kishan Dutt Kalaskar
Advocate, Bengaluru
5283 Answers
171 Consultations

5.0 on 5.0

You can orally inform your sister in law that her act and ask them to stop such acts. If she still continues to do that You can seek the remedy under domestic violence act or other law.

Mohammed Mujeeb
Advocate, Hyderabad
15553 Answers
7 Consultations

4.5 on 5.0

firstly record her harrasment abuses then file police complaint. 

Mohammed Mujeeb
Advocate, Hyderabad
15553 Answers
7 Consultations

4.5 on 5.0

- As per Supreme Court, One is bound to tolerate criticism, dissent and discordance but not expected to tolerate defamatory attack,

- Under sections 499 and 500 of the Indian Penal Code, defamation is a criminal offence. Defamatory acts can include “words either spoken or intended to be read", signs or visible representations,  The offence is punishable with up to two years imprisonment, a fine or both.

- You have a legal right to live in the society peacefully and respectfully. Law of the land is bound to protect you.

- Your mentioned details are amounts to Defamation, and a criminal case can be filed. 

- Hence, you can lodge a complaint against her acts , and to teach her a lesson.

- Further, if she is also harassing your parents, then your mother can file a complaint against her under the provision of Domestic Violence Act.

- As per law, the status of son & daughter in law, is just like a licencee , hence your parent can say her to vacate their house legally .

- Better, to resolve the issue amicably. 

Mohammed Shahzad
Advocate, Delhi
2540 Answers
35 Consultations

5.0 on 5.0

In order to lodge complaint against your SIL, you need to be doubly sure and need to have substantial proofs in support of your complaint, as a counter blast to your complaint she may file DVC and other cases.

Best option is have patience, next time if she abuses / harasses you, you record the same and can use the same in support of your complaint.

Collect as many proofs / recordings / audio / video in support of your complaint.

Yes, you can file complaint with police under sec.504 of IPC. 

 

 

S Srinivasa Prasad
Advocate, Hyderabad
1901 Answers
7 Consultations

5.0 on 5.0

File a complaint against your Bhabhi under the Domestic Violence Act.

You may also report your Bhabhi to the Police and furnish proof before the Police as to how you are being harassed, tortured and humiliated at her hands. 

Vibhanshu Srivastava
Advocate, New Delhi
8957 Answers
154 Consultations

5.0 on 5.0

1. Collect evidence of her cruel acts on you by audio/video recording all such statements made by her .

 

2. Thereafter lodge a police complaint against her for causing domestic violence on you.

 

3. You can also file a DV case against her submitting the evidence in support of your allegation.

Krishna Kishore Ganguly
Advocate, Kolkata
24041 Answers
659 Consultations

5.0 on 5.0

You can file a Domestic Violence case against her as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
24041 Answers
659 Consultations

5.0 on 5.0

Dear Madam,

You may move a petition in the court concerned under the provisions of the domestic violence act against your sister in law seeking appropriate reliefs.

Netravathi Kalaskar
Advocate, Bangalore
4953 Answers
25 Consultations

4.8 on 5.0

This is weird!! She has no right to pressurise you whether you get married or not.

Therefore ignore her.

You cannot fight her.

Rahul Mishra
Advocate, Lucknow
7955 Answers
15 Consultations

5.0 on 5.0

Well you can but she will then slap various cases of domestic violence as the girls generally do.

Rahul Mishra
Advocate, Lucknow
7955 Answers
15 Consultations

5.0 on 5.0

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