Kindly let me know since how long are they staying with you. Did they enter into your property without your permission? If such is the case then it amounts to trespassing. Trespassing is a criminal offence and you have to file a criminal complaint to evict them.
Husband's family depending on us
Hiii am srilu .... Married 4 y ago n have a daughter ... 3y ... From d date of my marriage ....my husband family got stucked along with us naming joint family before marriage they didn't tell dis ... Later on they settled .... Me n my husband moved to a seperate house even they came back of us n settled along with us my brother in law family n in laws I want everyone to vacate my house n stay away from us my husband is being silent n could not tell directly them to go .... Even ifhe is telling dem they r not taking seriously I want them to vacate my house immediately...
Asked 5 years ago in Family Law
Religion: Hindu
26 Answers
Hello,
If you are living in your own house and the husband owns the house then you will have to take husband also by your side in order to take legal recourse in getting your house vacated.
It will be an almost impossible process if the husband does not agree for the same.
Regards
My husband is trying to tell them to leave the house but they r not leaving the house .... My husband own the house .... emotional blackmail mail is coming into the picture and it's being like a harrasment for me
Asked 5 years ago
Convince your husband to take legal action.
Do they have a house to live?
You can file domestic violence(DV) case against them and seek a eviction from your house. Only if court finds that there are incidents of DV then only they will be evicted.
Issue legal notice to your brother in law, in case he refuses to vacate, file suit for eviction. Also lodge police complaint against him and the family for criminal intimidation mentioning all the facts.
- As per Supreme Court , no relative or third person is allowed to interfere in the matrimonial life of husband and wife.
- Further, your husband is under obligation to provide you residence ,where you can stay peacefully.
- Since, the said relative is not ready to leave the house, and your husband not refusing them directly , then you can file a complaint under the provision of domestic violence Act.
- However, try to settle the dispute amicably with the help of some relative.
This has to be discussed with your family and their family members. Why are they harassing you has to be understood. If they don't budge file a complaint.
File a case of domestic violence and cruelty against them.
You cannot ask your in laws to vacate the house
house is standing in your husband name
he has to ask his parents to vacate the premises
Ask husband to provide them alternative accommodation near your residence
I did not understand your case .
Kindly be specific and elaborate more.
1. Who is the owner of the house in which you reside with your husband?
2. The owner can file a suit for eviction to evict your brother-in-law and his family.
3. The suit can be filed only after lockdown as presently due to lockdown the courts are hearing only urgent cases.
1. You are entitled to matrimonial home.
2. For a married woman, her family consists of husband, child/children and your in-laws.
3. As per your narration, your brother-in-law's in-laws also are staying together within the joint family.
4. Your husband has to clearly tell the in-laws of your b-in-law to move out of the joint family/house to pave way for the genuine members of the family to stay together.
5. Let your husband involve the other relatives who could be elderly relatives like, uncle, aunty and request them to resolve the issue through counselling, etc.
Urine loss could be your responsibility and you will not be able to tell them to go away as they are protected by maintenance of parents and senior citizen act 2006 so it becomes the responsibility of the children to maintain the parents however other family members excluding parents can be evicted by filing eviction suit in civil court.
You nor your husband can deny responsibilities of his parents and your in-laws, if the house is owned by you and your husband than your brother-in-law does not have rights to live with you. you can ask him to move happily from your house.
Since the house is in your Husband's name, it is better you do not push them, further, take your husband on your side and through him instruct them to vacate the house.
Further, your husband can not throw his parents out from your house, it is his duty to look after them.
However, he can arrange an alternate accommodation and put them there.
With regard to your BIL and his family, they can be thrown out, else, you can with the approval of your husband, initiate Domestic Violence case against BIL & his family & also lodge complaint with police against them.
Do not yield to emotional or other types of blackmail.
If above option of pushing your husband does not work, taking your husband in to loop, you can lodge DV complaint against all of them (be careful with this option)
Dear Madam,
Yours is not different family problem. You have to control of your house and win the heart of your husband if not then you must command him. You can threaten them to file Domestic Violence case and dowry harassment case if they do not listen to your words and vacate the house. Please read the following.
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Section 3 of Domestic Violence Act. What constitutes Domestic Violence and are considered illegal?
What acts constitute mental/emotional abuse, verbal/social abuse and economic abuse? 3. Definition of domestic violence.—For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it—
(a) harms or injures or endangers the health, safety, life, limb or well‑being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person. Explanation I.—For the purposes of this section,—
(i) “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;
(ii) “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;
(iii) “verbal and emotional abuse” includes—
(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and
(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested.
(iv) “economic abuse” includes—
(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and
(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household. Explanation II.—For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence” under this section, the overall facts and circumstances of the case shall be taken into consideration.
You cannot legally ask them to leave the house.
They are not criminals.
Still you can try complaining this to local police and get them out of the house
Complain to police against forced stay in your house. Brother in laws family will be evicted immediately. In laws later.
1. See if husband is owner he may serve them an eviction notice if om that if they are not leaving he may file a suit for eviction and a police complaint.
In case you want them to vacate and they are harnessing you, you may file a police complaint of harassment against them .
1. If the house stands in the name of yourself then you shall have to file an eviction suit against them.
2. It will be even better to file a suit for recovery of possession from them terming them as tresspassers.
3. You shall have to send a police complaint against them alleging that they have tresspassed in to your property without your consent.
1. If the house stands in the name of your husband then he shall have to file the suits as suggested in my earlier post.
2. One thing top be kept in mind that your husband shall have to maintain his parents as per law.
So long you are residing in your husband's house or the accommodation provided by him, you cannot ask his relatives to vacate the house, you have no rights for that.
If your husband is not listening to your words and not taking any action on it, you cannot force him to do it, because even he cannot drive out his parents out of his house, because that will become an illegal act.
In that situation, you can leave the company of your husband and start living in a separate house.
But your such act can be termed an act of cruelty.
However if your parents in law trouble or torture you then you can take legal action against them either through police or by filing a domestic violence case against them
If it is your house then you cannot take any legal action on it.
You do not have any rights in tht house at least not during the lifetime of your husband.
You can politely ask them to leave the house, if they do not listen then you cannot do anything about it.
If they are harmless, then what is your problem, why do you insist them to leave the house?
1. Legally you cannot ask parents of your husband to leave the house and stay separately as your husband have duty to maintain them legally.
2. Ask your husband to get them a separate accommodation and solve the matter amicably by talking with them.
