My brother had a love marriage in sep 2018. I organized the whole event. We are from Himachal, the female is from Muzaffarnagar UP. Though seeing different cultures we were a little hesitant but as my brother was fine with the female, we went ahead. Before marriage also she used to come to our house and stay for weeks as we came to know that they were in live in initially. So my parents allowed it. And hence the marriage. After staying a month or so, we came to know that she have all fake degrees and then wanted to write papers for PhD by the help of her sister who is a principal at some University. We told her it shouldn't be done, but still she went ahead. My friends use to come over before marriage also and I introduced her. She use to go on walks with my friends meet them and suddenly she bursted in front of my parents that my friends are characterless as they date people smoke and drink. I also drink and smoke. Though she didn't say anything about me that time . Just character assassinated my friends and shouted at my father that ur biwi expects me to wear sindoor why should I wear . This is six months into my brother's marriage. She told my parents that my friends won't be allowed because the bahu is saying so. Okay I stopped all my friends from coming. Then she started creating problems for my dad and me. I was working along side my brother in his startup in this duration only. As I was doing most of the work in the startup she told my brother that she wants the partnership and not me. She doesn't know a thing about the work but wants the partnership. Now in lockdown I again started mistreating me so I stopped talking to her and texted my family group on whatsapp the issues she has been creating for me for the past 1.5 years. Mind you only the incidents where is mistreated me. My brother showed her the messages that this is the reason I have stopped talking. She created a huge scene in lockdown. Called me randi prostitute abused my friends, wishe my father dead in front of him. Abused my mother . The words she used were never heard by us. My brother agreed what she said. Was wrong. But said that u guys don't talk to her much so she feels disrespected. Ervy now n then she disrespected my father me my mother. I would like suggestions what can be done. My brother does not want to leave her . But staying at my father's place and disrespecting each and every member of the household should not be overlooked..
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Ask your parents to kick both of them from house and teach a lessons of life how it is to live in the society. So she will respect you and your parents.
Parents may make police complaints under senior citizen ACT. and all abuse and mental harassment done by daughter-in-law under domestic violence etc.
Your father should file complaint against son and daughter in law before senior citizens tribunal seek others to direct them
to vacate portion of house in their possession
2) seek permanent injunction restraining them from disturbing his possession of house
Madam,
Self respect and prestige is one of the biggest asset one may have. it is has been cited on court judgments that a major son or his family may reside at parents property only at will and wish of the parents. If your parents are of the opinion that they are disrespected by your sister in law (bhabhi) and your brother is not taking any corrective step, they may initiate the steps of removing your brother and bhabhi from that house and they may remove from them from being a legal heir of their property.
This marriage is surely not working. However as a last ditch effort your brother can start staying separately from her. If even this doesn't work ten going for mutual divorce is best option.
If the girl doesn't give consent for mutual divorce then your brother can file contested suit for divorce on the ground of mental cruelty.
Good luck.
Your parents should file a complaint under Protection Of Senior Citizens Act at the commissioner's office against your brother and his wife.
Also they should disown them.
Although there is not much fault of your brother but if he doesn't want to leave her than he should also be indulged in the complaints
Your parents can file complaint under senior citizens Act if above 60 yrs. Your mother can also file domestic violence complaint.
If your brother still wants to live with her, then i would not advice to do anything legally as it is going to have great repercussions.
You can ask your brother to move out the house along with her to avoid such instances. Filing a police case wouldn't be of any use as of now.
1. since your brother has no issues with his wife or we can say he is ignoring the issues, therefore, you should not involve yourself in the matter,
2. I suggest you try to settle the matter amicably involving elders/relatives/friends etc and make arrangements for a separate accommodation so that the ego won't get clashed,
your parents, if they wish, can ask them to go outside of the house,
If house belongs to your parents, evict both of them. Main reason for everything is your brother. It is his responsibility to control his wife but he taking his wife side means, things will increase to disaster.
Tell your parents to file application before collector under senior citizen act. Son and DIL has not right to stay in parents house. No reason required to evict them. And as such no proof require to evict them still record her acts of misbehave.
And if all her degrees are fake than make sure, your brother will soon land in jail with her. Clear case of forgery/cheating/criminal conspiracy.
1. See firstly since she abuses and intimidates you, you can file a complaint against her before the police.
2. Your mother can also file a complaint of domestic violence and mental cruelty against her.
3. Further, since your father is the owner of the house he may ask her to leave or may file suit or complaint about the same, he may take a permanent injunction against her on entering his property,
You and your mother, father have the option of filing a complaint against this female under the Domestic Violence Act. This can be done only once the Courts reopen after the lockdown.
Dear Sir,,
Your mother having every right to file a Domestic Case against her 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.
Full judgment text below:
————————————————————–
IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS
JUDGE-II (NORTH-WEST) ROHINI COURTS: DELHI
Crl. Revision No. 367/2010
Your father should ask your brother to vacate the house and should stay away outside the house elsewhere in a rented accommodation in order to avoid further confrontation with her in any manner.
You can restore peace in your house only if they both stay outside your house anywhere away from you all.
Your mother can file a DV case against her for her violent and abusive behavior and can even file an eviction suit to eject them from your house due to this quarrelsome character and abusive behavior.
No other legal action can be initiated for now.
This itself may provoke her and she may in fact resort to ugly avenging actions by using the legal terrorism namely dowry harassment and other false criminal offences against all of you.
Hence you may consult an advocate in the local and take proper legal steps as per the suggestions made.
- As per Supreme Court judgment, A daughter - in law is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the Supreme Court has said in a recent order that Section 498A of the IPC ( Dowry harassment charges) has "dubious place of pride , and the provisions that are used as a weapon rather than a shield by disgruntled wives.
- Since, your parents are harassed and torture by the daughter in law i.e wife of your brother , hence they should lodge a complaint against her cruel acts , and thereby mention that they are facing threaten to implicate in false cases of dowry etc.
- If, no response then they should lodge their compliant before SDM/Collector under the provision of senior citizen acts .
- Further , your mother being a lady can file a case under the provision of Domestic violence Act for her harassment for the period she has passed with them .
- Further, your parents can dispossess both of them from their house /property permanently after filing a suit for mandatory injunction before the Court , whether the property is self acquired or ancestral , because the status of son/daughter /daughter in law , is just like a licencor .
1. Since your brother does not want to leave her the remedy in the hands of your father is to evict her from the house by filing a suit for her eviction in the competent civil court.
2. Your mother can file DV case to seek protection against her, but if your mother is not the owner of house then she cannot evict her daughter-in-law.
Respected sir ...
As above mentioned by you that your brothers wife creating such kind of problems to you and your family e is not acceptable at any cost it will be quite better for you and specially for your parents to stay away from her stay away means that you have to take separate house in which only three will be stay apart from your brother and his wife else if she file fake cases than you all will be in huge problem and a lady with such mind will not be trusted ... Convince your brother to take divorce that will be better for whole of family .... Staying away from her is only remedy that is available for you ...
Thank you
Dear Concern,
I would advise you to do following -
(i) To prepare papers and to get separated from the start up of your brothers by taking the amount of sum or 'line of credit' equivalent to that sum which is to be paid in future by your brother to you.
If found necessary then agree to work along with him provided you are getting compensated for the same. However, I would advice you to get away from your brother's business altogether.
(ii) Approach an advocate of your choice and ask your parents to file a suit for eviction in against your brother and his wife stating that the property belongs to them and they do not want to share the same with your brother and his wife.
Don't forget to install CCTv cameras in your house so that you can record her abusive nature and foul language which can be produced before the court at the time of verifying the claim of your parents that she is actually a trouble maker and requires to be ousted immediately from the house.
Meantime, also prepare further documents to settle out the property dispute by getting the property valued from the registered authorities and to provide the sum of amount to your brother in writing which is to be given to him after the time of the death of your parents. This way, no property issue will remain in between you and your brother.
But mind you do not let this information be passed on to your brother's wife that you guys have also settled the property dispute in among yourself. Let her believe that she has been actually ousted by her in-laws along with her husband due to her ill temper, foul language and behaviour. Let her learn the lesson through hard ways only.
(iii) I will also suggest you to convince your brother to proceed with the divorce proceeding in against his wife as what I can presume from your narration is she is a shrewd lady with intention to acquire all the monies and properties without doing much in her life. Besides, the fact that her education qualifications are false and fabricated but she is still pursuing the same path makes her a fraud in the eyes of law who is entitled to receive a punishment of 07 years in prison. She is a criminal and anyone who will lives in around her will also get entangled in criminal cases.
1. Your parents should take strict action against their son and daughter in law as they are directly or indirectly disrespecting them.
2. They can file eviction suit against your brother and his wife under Maintenance and welfare of parents and senior citizen act.
3. Your parents should ask your son to move to another house as soon as lockdown is over because your Bhabhi can also create further nuisance and file false cases against your parents and you for harassment and domestic violence.
4. Try to record the incidents when your brother's wife uses a foul language against you and your parents to collect evidence so that cruelty can be proved before court.
1. It appears that there is a huge cultural gap between your family and the that of your sister in law.
2. It also appears that your brother is not affected by her wife and the problem is between you, your parents and your sister in law.
3. If the house stands in the name of your parents and they do not want their Bahu to live with them, they shall have to tell your brother to take up a rented accommodation nearby and shift there to have peace.
4. If he does not agree to shift to another place, your father/parents shall have to file an eviction suit against your brother and his wife.
5. Your mother and also yourself canb file a Domestic Violence case against your sister in law.
Dear querist,
To summ up the whole query what you want at this point of time is peace in your family and want that your sister in law does not bother you much,since you have stated in your query that she does not posses the certificate in original, you can file a complaint for the same in the police station. but, in case you want that no police interference should be there, what can be done in this situation is that a defamation notice can be slapped on her which will be stating all the vulgar wordings by her which were said before the other persons. The notice ,might have an effect of numbing her outrageous conduct in the family. You can contact me for consultation.
Regards,
YUGANSHU SHARMA
ADVOCATE
DELHI HIGH COURT
If ur brother not want to leave his wife then a legal action is not suggested. As this might further spoil ur relationship even with ur brother. The best thing to do in this lock down is social distancing. Keep a safe distance, do not get into any sort of quarrel. U including ur parents should minimize talking with her & expecting any kind of respect from her. Also ask your parents not to demand any help or respect as a bahut of d family from her
2. Some person r actually mentally derailed. So thinking so don't pay heed to her.
3. If things after lockdown don't change much then ur parents if senior citizens Can complain to your locality police station for her misbehavior.
4. Since a legal step may break either d marriage of ur brother or your relationship with ur brother keep calm & watch situation to find a better solution.
5. As far as ur friends r concerned do not mingle them with her to avoid coercion.
Going by what you have shared herein, it is advised that your mother may file a case of eviction and may also initiate a police complaint against the wife of your brother and also your mother can file domestic violence against your brother's wife.
So I have recorded her outbursts, a few of them whatever I was able to capture. My father (senior citizen) is planning to file to disown my brother from his property so that incase she plans to divorce him, she won't have any right whatso ever. The type of language that was used for me., Can I file a defamation case . The language include that " tu randi hai tu aur tere dost 4 4 ladko ke saath sote ho" " in hindi - no one will marry u , guys will only drink with you " To my father - " iss buddhay ka toh muh noch lungi" and the likes. pS I have a one hour recording of this whole thing.
Ofcourse your father should proceed with disown process asap.
You should take the complaint towards that fact that she called you "rn**i" than this is outraging the modesty of a woman. That would be more effective complaint from your side.
See your father may file a complaint under senior citizen act and also evict them from his house.
Further you can file a complaint of abuse and mental cruelty with police also can give her a notice of defamation and seek compensation for defaming you and complaint for defamation.
So here is my further piece of advice -
A. Can you file defamation case or can that be done by your parents as well?
Answer - No. Defamation is filed only when someone is defamed publicly by accusing or labeling him or her to be someone who he or she is not or by putting allegations over him or her of such incident in which he or she is not involved.
Whatever is going on in your family is running privately in between you only and has not been informed or floated out in general by spreading it out to your neighbours or friends, business colleagues etc.
At max, what you can do is to file a criminal complaint of mental harassment but I will not advice you to do that as that is a futile exercise with almost no outcome. Police and courts in general do not bother about these sorts of complaint especially when that involves family members.
B. Your father wants to disown your brother. Can he do that?
Answer - Yes absolutely. He has all rights in this world to do that.
C. Should he disown your brother?
Answer - I will advice you in negative as once your brother has been disowned then by no legal process he can be re-owned. This way, he will be out from this family forever and ever.
Better option is to file a suit of eviction on the ground of domestic violence which I advised you last time. This way, he will be out from the scene of property for such time being only till everything becomes normal.
By normal I mean, either he divorces his current wife and comes back to live along with you guys in peace and harmony or his wife mends her ways to such an extent which is acceptable by all of you (something which is not likely to happen in any possible situation because she is a criminal and a criminal never mends her way).
And this will also serve your intention of not letting your brother's wife having any say in the property as once the son has been evicted from the property that is as good as disowning him. So, he will be left with no claim on any property whatsoever.
The only difference in between disowning him and evicting him is while disowning can't be reversed eviction can be reversed.
My best wishes to you and your family.
1. The act of disowning a son has no legal efficacy and hence can not be enforced by law.
2. Yes, on the acts alleged case of defamation lies.
File case of defamation against sister in law before magistrate under section 500 of IPC
2) enclose transcript of audio recordings
In house use foul language is not defamation. If she defamed you in what's app group or in public than can complain to police.
Tell your father to call on 100 if next time she misbehaved and complain agsisnt son and daughter in law and request police to expel them.
And without fail, file application before collector for their eviction and protection.
Child can disown by executing Will. DIL has no right in in laws property.
1. There is no provision in law to disown son or daughter and it is not required also.
2. Wife will have no claim on husband's properties during his lifetime., She can claim maintenance/ Moreover, the property belongs to your father and not your brother.
3. Your father can register a gift deed conveying the title of the property in your favour and you can file an eviction suit against your brother.
4. You and your mother can file a Domestic Violence case against her submitting the said evidence in support of your allegation.
Madam,
You may very well file the case of defamation against her for using such a foul language.
1. Keep d evidence safe.
2. Yes ur father can disown ur brother from his property, only if it is self acquired. If ur father owns d house then he can ask his son & wife to leave d house & stay elsewhere.
3. As said earlier ur father being senior citizen can complain in d locality police station about d daughter in laws harassment & the police will either give her a warning or guide ur father for court procedure to get rid of her.
4. The language of ur sister in law comes under d purview of defamation if she does this to u publicly. Just using abusive language at home will nt b considered.
5. So keeping these points in mind u people can further proceed.
yes the same is defamatory conversation
You can very well proceed with your proposal to file a defamation case against her for her such utterances against you and your father.
Your mother can file a Domestic violence case against her for her violent acts and abusive behaviour.
You can secure the evidence in your possession to file the defamation case against her.
You may file criminal compliant for defamation, as well as suit for damages, for defamation.
Yes, You can file defamation case against her and plus mental torture.
1. Disownment has no legal recognition. Your father is free to file a suit for eviction of his son and daughter-in-law.
2. You can file a criminal case for defamation against her if anyone is willing to come and testify in the court that he/she heard these words spoken by her.
Dear Madam,
Yes, you can file defamation case because it lowers your image in the family circle which is more important for a person to survive. If such rumors are circulated then you cannot attend social functions and if attends you have to face insults. It is a social stigma falsely created by them. You have to file before magistrate court through advocate u/s 500 Cr.P.C. First convert some conversations into text form and give big list of witnesses who received such phone calls.
1) Defamation cases are of two types, criminal and civil.
2) In Civil defamation, a mala fide intention to defame is not always necessary. If defamation is caused, thenbsuit lies. Court fees are required to be paid as per value of damages caused to reputation.
3) Criminal defamation must, in addition, contain some deliberate malice or malafide intention, to cause damage to reputation of someone.
Here, court fees are NOT required at The level of a civil case.
At the end of case, court punishes offender if defamation is proved.
3) In civil defamation case, at end of case, court awards damages to compensate loss to reputation if defamation is proved.
- 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, which are published or put up in the public domain. 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.
- You can also file a Civil defamation case, for claiming compensation ,after paying court fees .
- For filing a criminal complaint , firstly lodge a complaint against her , and then file your petition before the magistrate for lodging an FIR against her . You have a strong case on your behalf.
- As i mentioned above , she cannot claim any right over in in-laws property during their life time , and also during the life time of her husband . But she can claim residential right from her husband only.
Good luck and dont forget to rating Positively.
Defamation case cannot be filed because it was a conversation between family.
You can definitely file Domestic violence case against your Bhabhi because of this mental cruelty.
Disowning by father does not have any impact.
You can use the recordings to support your case.
Assist your father to file complaint against your brother and his wife.
Let the said complaint be filed before the Senior Citizens Tribunal, praying the tribunal to evict son and DIL from his property.
Alongwith the said complaint, he can seek interim relief of Injunction restraining them from disturbing your father and his possession.
Using the audio recordings, you can file Domestic Violence case against her.
As the property belongs to your parents she cannot live there and abuse everybody. If your brother wants he may live with her someplace else. But this decision must be taken by your parents. Tell them everything. Tell them to take a stand. Otherwise all would be consumed in this. Don't leave the house otherwise it would be difficult to come back.
She wants to divide the family. Maybe your brother is ready to do whatever she wants.will not listen to the family. Don't get involved in any kinda partnership with your brother or his wife otherwise it would be very difficult and you will be the ultimate loser.
Those recordings will help you tremendously. File a defamation case against her.
Dear querist,
Answer to your follow up question is in affirmative. Yes, a defamation suit can be filed once these wordings against you, as recorded are spoken, or intended by the speaker to be listened by other person. That will be a malice in law and will amount to defamation. But, my advice to you will be to first send a legal notice of defamation which might suffice your requirement and then filing a defamation case.
Regards,
Yuganshu sharma
Advocate
Delhi High Court