• My mother and wife issue

Hello

My wife and I got married in November 2017. My wife is not from big family that’s why my mother has issues with her. There are fights in our house every other day. My mother has some very bad influencers who are suggesting her to give an application to police station that if anything happens to her, my wife will be responsible. And after that she will hit herself and complain to police that my wife hit her. Please tell me what should I do legally to keep myself and my wife safe. My father also knows her nature and he supports us. We have some audio recordings too, which we can show. Please tell me what should I do legally.
Asked 4 years ago in Family Law
Religion: Hindu

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28 Answers

1. In my opinion your wife can lodge a police NC( non cognizable) complaint stating that mother in law is intimidating for false cases and you and your father may also record statement for same. Though you can request police not to proceed with FIR so based on complaint police can mediate the issue also there shall be record if in future something goes wrong.

2. Also for a while you can stay separately from your family.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. On the basis of any such application by your mother, default liability cannot be mounted on your wife.

2. Your wife should give a police complaint against her mother-in-law if she apprehends a false complaint may be filed against her by your mother.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. I am not sure the reason behind these actions of your mother but the same is surely not conducive for any peaceful married life.

2. If you want to save the marriage as well as avoid legal complications then you better get separated from yor mother.

3. once both the ladies would not face each other every morning the things would calm down for sure.

4. Till everything normalises stay separate.

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

You need to decide whether you want to divorce her or stay with her. If divorce is decided then you can opt for mutual consent or contested. If not then can try counselling

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Instead of residing in the same house and suffering the tortures from your mother,  you may better shift your residence along with your wife to some other locality far away from your mother's house to avoid being frequently confronted by her. 

You may have to balance between your wife and mother. 

You cannot give a complaint against your own mother due to sentimental reasons. 

If the same situation continues your wife may lodge a criminal complaint against your parents and you then the things will go beyond your control. 

Hence decide quick before any situation or things go out of your control. 

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

You can make complaint against your mother attempt to suicide or kill to your wife. 

Or ask your wife to give complaint against her. 

Ganesh Kadam
Advocate, Pune
12928 Answers
255 Consultations

4.9 on 5.0

You should shift in rented flat along with your wife 

 

2) if you stay separate there would not be daily fights 

 

3) your objective should be to save your marriage 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

I have gone through your case and facts mentioned by you and accordingly I advise you as follows for your peace and comfort:-

1- Pl approach an Advocate and request him to prepare a complaint under domestic violence Act making your wife Complainant and your mother accused for the offence as appear in your case.

2- Pl do not approach Police in this family matter.

3- Pl explain your wife that this would be a private complaint before the Magistrate Court in the form of Criminal case to create a fear in the mind of your mother in order to refrain her creating harassment against your wife.

4- After the filing of complaint by your wife against your mother before Magistrate Court in the form of Private Criminal Complaint, The Magistrate would summon your mother for legal action and an order would be pass refraining your mother to harass your wife.

5- In the instant complaint before the Magistrate Court, Your wife would be an Applicant and your mother would be Respondent for the relationship of offence under Domestic Violence Act 2005.

6-This way you may control the action of your mother keeping your wife and other family members happy.

7-After passing an order of restraint against your mother, the Magistrate may dispose off the application or may continue to keep watching the behavior of your mother against your wife.

This way you may dispensed with Justice to your mother and wife without filing FIR / Criminal Complaint to Police.

All the best .

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Respected sir...

If it is possible for you to stay away from her then that should be the best option where liability does not come on your wife and you ...and you both are at safe end if that is not possible for you then move the complaint to police station... stating all the facts that you mentioned her and provide all the recording and for future prospects you will not be responsible if anything happens to her ...and it will be good if you install cctv camera in drawing room and where you can install...

 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

Sir

 

You can file an application under the Protection of Women from Domestic Violence Act and obtain a protection order and residence order. You will be qualified to make the application since you will fit the definition of "aggrieved person" under the Act. What your mother is doing qualifies as domestic violence.

Balaji Iyer
Advocate, Bengaluru
18 Answers
2 Consultations

5.0 on 5.0

1. in those circumstances, you should go separate from your parents along with your wife to avoid any unwanted dispute,

2. quite possible, the physical distance may lessen the bitterness of heart,

 

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Live separately from your mom,

 

Say clearly to those influencers that they should stay away from your mom.

Also you can give a representation in the local police station that those influencers are provoking your mother against your wife

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Dear querist, 

The fundamental essential thing for you is to maintain your marriage and also maintain the relationship with your mother. In my opinion:

1. Settling the matter internally do wonders and that should be your focus. Any respectable person so related to your mother should try to settle the matter first. 

2. in case this fails, you and your wife should live separately for some time which might change situations and emotions among-st your parents. 

3. in case you want this approach to be held in legal way, a police complaint (ncr) can be filed where the police will mediate the issues. (Not advisable as try to solve things in the family itself as its not a big issue to be tried legally). 

 

In case you need my assistance, you can contact me. 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

DELHI HIGH COURT

 

Yuganshu Sharma
Advocate, Delhi
433 Answers
1 Consultation

5.0 on 5.0

In your case treat the matter in physiological way and avoid legal complications. Handle the mother and wife at the same time is a difficult task. Check how her behavior may be a symptom of larger issues she has with herself and her relationship with your spouse. Expectations lead to suffering. Lack of conversation makes the situation in worst condition in family life. Matrimonial life is for homogeneity and companionship. Open your hart to your spouse ask her to pardon or try to avoid the conflict situations with your mother.  Ask your spouse to talk to her if she isn’t communicating effectively. If she won’t communicate constructively, don’t engage in an argument. A family counseling to your mother and wife is good.

In the legal approach ,

Your wife files complaint against mother in law. But it will create lot of troubles in your future life.  The quarrel becomes go in high altitude then better to shift to a rented premises with wife.

Ajay N S
Advocate, Ernakulam
4072 Answers
111 Consultations

5.0 on 5.0

Dear Sir,

You are suggested to submit an humble informatory application (by post) to police authorities regarding the mental torture created by your mother and her advisors towards you and your wife and express apprehension of false cases by her. Pray no instant action but keep that application in record and grant of the adequate opportunity to put your version of case before any action against you or your wife. This application can be sent by post, but preserve the application and postal receipt.   

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

First suggestion is to live separate from your mother so that your wife and mother do not face each other. And also give a complaint to local thana stating all facts and evidence like recording. This way your wife will not be responsible for any act of your mother and you will be safe from legal proceedings. 

I dont think at this stage your mother is in condition of listenng to anyone, may be if you threaten her that you will live separate she migh come under control. But best advice in this situation is to live separate.

 

 

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Hello,

  1. the given circumstances, your wife can lodge a complaint in the local police station stating the circumstances about the looming threat she has from her mother in law. This will be helpful in case she does any such act in future.
  2. You may show to the police the audio recordings to the police and make mention about those in the complaint to give credence to your complaint.
  3. It would be advisable that you and your wife stay away for a while to avoid physical proximity and in the meantime influence your mother's thought process and take her out of the sway of the negative influencers.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

You wife should file domestic abuse case against your mother, in case she is being meted out to cruelty in the matrimonial home.

You both may try shifting to  separate residence, to ensure that there's no interference from your mother's side. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Firstly, you have a dialogue with your Father and other elders of family / well-wishers.

In order to have peace and avoid daily harassment / misunderstandings between family members more particularly between your mother & wife, with consent of your father, shift your family to nearby area and stay there on rent basis.

This could be the best option to avoid daily fights and have peace of mind, and that, crux of the issue is to save the family and avoid unnecessary litigation.

If your mother lodges false complaint on your wife, it goes hay-wire and your family life will be in shambles.

The above option is win-win situation to one and all, more particularly when your father supports you.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. The best way left before you to separate  your mother from your wife which you can do only of you take a new rented accommodation nearby and shift therein.

 

2. If it is not possible for you to get separated from your father's house temporarily, then both you and your wife should send a letter to the police informing them about the continuous domestic quarrel caused by your mother which might lead to serious incidence in future and asking them to investigate in to the matter.

 

3. You can inform the name of the advisers of your mother in your letter to the police so that they also can be interrogated by the police.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Better tell your wife to give complain to polcie about life threat from mother in law - Preemptive defense.

Record mother acts - if she will file any false complaint, her past acts recorded with you will be best evidence of your innocence.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

-  As per Supreme Court judgment, wife 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 court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Hence, as per law, she cannot deny living with you, under the condition of separate living from the family.

- However, the act of your mother under the influence of others are against the law and humanity , but for the said reasons you cannot punish your mother after living separately from her , specially when she is an old aged.

- Hence, you should try to settle the dispute amicably with the help of some respected persons of your locality and relatives.

- Otherwise, if she continued her habits , then to teach her a lesson , tell your wife to file a complaint before the magistrate under the provision of domestic violence Act. 

- Further , settle the matter with the help of court after counselling between them , and withdraw the same. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

This is a very unusual situation. I don't know how to give you advice so as to save you from your own mother. Be that as it may, keep away from her and record everything ie as far as possible. Your father could be a witness in this scenario.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Ans: please keep the audio recordings safely with you without letting your mother know that there are some such recordings with you.

You can file an NC with the local police station.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

In the facts presented by you, a domestic violence complaint can always be filed before the concerned adjudicating authority.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Before your mother gives application 2 d police ask your wife to complain in d mahila thana of your locality about her mental abuse and threats of hurting herself & putting d blame on your wife. The police will give a warning to your mother. 

2. Being a son u should make ur mother understand about her wrong doing 4 which u take support of ur father.

3. Try to keep a check on those people who r trying to spoil ur relationship with ur mother & give them a proper warning. 

4. After the coming of daughter in laws usually mothers start feeling insecured. Try & spend more time with ur mother & find out who is influencing her. Ur wife's soft & affectionate attitude may change ur mother's mind. 

Sital Patil
Advocate, Kota
139 Answers

Not rated

1. Install some hidden camera in common areas of house to record such incident. 

2. These recordings can help you defend yourself self in worst case scenario.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

your wife should file a domestic violence case against her and claim protection under section 17 & 18 of The Protection of Women From Domestic Violence Act-2005, this complaint can be filed even during the Lockdown and the court may grant an interim protection order

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

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