• Domestic violence creating by my elder brother's wife

My elder brother got married in 2003, and since then his wife has been abusing my father, mother, from which I have not been spared. I got married in 2014, and my wife is being harashed and abused in the same way. In March 2020, an extreme situation was created in which my wife was about to commit suicide as she could not bear the bad words of my brother's wife. I somehow saved by breaking the door

Police were present when the incident took place. Two of our families were called to the police station and released after writing a statement in a settlement letter.


This woman has some more criminal history which I describe below.

1) My mother was beaten on her head and blooded and for which I left the second floor house and brought my mother to the first floor.

2) My father died of a cerebral stroke as a result of his torture

3) Mother is being pressured for money.

4) My room was locked twice. They are trying to hang me in a false case।

 In this situation, I want to protect my mother (age 64) and my wife legally
Asked 9 months ago in Family Law
Religion: Hindu

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22 Answers

House belongs to whome ? Better file registered FIR for assaulting mother. Install CCtV at your home with the support of police.

If house belongs to parents than file petition under senior citizenship to evict her and brother from the house. 

Petition will file before collector. And a first precaution, register FIR agaisnt her. Police will issue warning to her.


Still she repeats, will be arrested.

Yogendra Singh Rajawat
Advocate, Jaipur
21427 Answers
31 Consultations

4.4 on 5.0

Is your residential house in your father's name ?Ask your mother to file a petition under section 12  of the Domestic Violence Act in Judicial Magistrate Court along with a petition for eviction of your elder brother form the house. Or your mother can file a  case in High Court for directions to the Police to evict your brother.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

File domestic violence case against your brother's wife by your mother and wife. 

In case of physical torture complain to police. 

Or file private complaint before magistrate .

Kallol Majumdar
Advocate, Kolkata
2792 Answers
4 Consultations

5.0 on 5.0

Who is owner of flat ? Kindly clarify 

 

if mother is owner of house and senior citizen she can file complaint before senior citizen tribunal seek orders to direct sin and daughter in law to vacate portion of house in their possession 

 

3) seek injunction restraining them from disturbing her possession of house 

4) also file DV case against son and daughter in law seek protection order and compensation for mental torture undergone by her 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

File case of attempt to murder upon her

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Respected sir...

Just file a complaint and the court in which your mother will be the complainant and that lady who is wife of your brother will be the respondent and in that make the brief history of assault and acts which city done and put your family and your house under domestic violence she will be call to court and see must have to answer your complaint your mother can also eject your brother and his wife from the property which is owned by your mother and further more seeking an application in the court of law for for her acts ...and if she make any assult then she can lodge criminal complaint...in form of FIR....

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1250 Answers
12 Consultations

4.9 on 5.0

You can make FIR for abusing, torture and attempt to kill you and your wife. IF tomorrow anything goes wrong to your family then she will held responsible.

Ganesh Kadam
Advocate, Pune
11931 Answers
121 Consultations

4.9 on 5.0

File a police complaint against the lady in your local police station. This complaint should be given by your mother and should contain each and every incident took place till today with specific date time and place of occurance.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. It's not clear whether any FIR is registered under section 498A IPC.

If and when it's done she must apply for anticipatory bail which by all means would be allowed. 

There is no way you this can be prevented. 

However in the meantime your mother must lodge a complaint of criminal intimidation and hurt which is necessary to be used as both shield and sword. 

Act accordingly. 

Devajyoti Barman
Advocate, Kolkata
22141 Answers
331 Consultations

5.0 on 5.0

1. Your mother should have filed a complaint and got the FIR for attempt to murder lodged against her under Section 307 IPC.

2. Your mother can file a complaint case under DV Act, 2005 to seek protection order against her.

3. You have not mentioned who is the owner of the property in question.

4. If a FIR gets filed against you then apply for anticipatory bail.

Ashish Davessar
Advocate, Jaipur
30308 Answers
881 Consultations

5.0 on 5.0

 - As per Supreme Court judgement, woman 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. 

1. You mother should file a compliant against her for the bearing and torture 

- Further , if she is senior citizen , then she can file a complaint under the senior citizen Act against the torture .

- Further being a woman she can also file a complaint before the magistrate under the provision of Domestic Violence Act. 

2. Further your mother can also dispossess her daughter-in-law and her elder son from her property permanently . 

- Further you wife being a woman can also file a complaint against her torture and harassment under the provision of domestic violence Act as well. 

- Since, you are also subjected cruelty by her , then you should also lodge a complaint against her after narrating all the incidence , and further mention that she is also threatening you and all the family members for implicating in false cases of dowry etc. 

Mohammed Shahzad
Advocate, Delhi
6271 Answers
64 Consultations

5.0 on 5.0

You need to contest the case in court against her. If any in there non bailable offences are filed with DV you need to take anticipatory bail in the same

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

Ask your wife  and mother to file  FIR (CRIMINAL)  case against your brother's wife for threat, insult, breach of peace and domestic violence

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

If the situation in this place is not possible to live peacefully, you may better plan to shift yor residence with your mother to some other place.

Your mother can file a DV case against her.

Your wife also can file a DV case against her.

If her acts or intolerable then your wife or mother can even lodge a criminal complaint against her.

This will put pressure on her so that she may be brought under some control.

 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

Hii

I had been gone through the above note .

But sorry to say why you are tolerating her since so many years . Why your brother is silent please go head and file a divorce and get rid for her.

And go and meet any good criminal and matrimonial lawyer in near by you and infinish the matter by filing some legal judicial seperation and then divorce ... And get restriction order from court from restricting her to enter your house. 

 

All the best 

Rita Rajput
Advocate, Thane
181 Answers
2 Consultations

Not rated

Immediately file a civil suit for a permanent injunction before the civil court of your area along with an application under Order XXXIX Rule 1 & 2 of CPC for temporary Injunction. if after granting a stay/injunction order from the court, she commits any violence then you may approach the same civil court and file a contempt petition against her.

 

if all of you are resident in the same premises with a single kitchen then the domestic violence case can also be filed against her by your mother or wife and claim protection, right to residence, and compensation.

Nadeem Qureshi
Advocate, New Delhi
5912 Answers
281 Consultations

4.9 on 5.0

Dear Sir,

You are suggested to file the police complaint against that lady and out of many options, you may start staying separately from her. 

Ganesh Singh
Advocate, New Delhi
6605 Answers
13 Consultations

4.5 on 5.0

1. Your mother and wife should lodge FIR against your brother's wife.

2. Your mother should also file eviction suit against your brother and his wife under senior citizen act on ground of domestic violence.

3. They can also file DV case against her.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Your mother can always initiate proceedings under the Protection of Women from Domestic Violence Act. 

Mohammed Mujeeb
Advocate, Hyderabad
19001 Answers
17 Consultations

4.5 on 5.0

You must take immediate action and file a domestic violence case against her through your mother and your wife. You too File a criminal complaint against her too for harassment and other offences.

What does your brother do? Isn't he able to do anything. Why is he tolerating her. 

Rahul Mishra
Advocate, Lucknow
11900 Answers
26 Consultations

5.0 on 5.0

You did not give details as to who is owner of the house ?

If the same is owned by your parents, she can file case against your Brother & Sister-in-Law (SIL) and seek their eviction from premises.

She can also lodge Domestic Violence complaint against your SIL, the settlement letter can be used as proof.

She can file also file application for protection order and compensation order under domestic violence act for the torture meted out by your SIL.

She can also initiate proceedings under sec.307 IPC against your SIL 

Further, since your mother being senior citizen, she can approach the Senior Citizen Tribunal for redressal of her grievance.

Last but not least, if possible try to install CCTV in the premises.

S Srinivasa Prasad
Advocate, Hyderabad
2866 Answers
9 Consultations

5.0 on 5.0

1. Is the said torture is being done by your brother's wife or by both of them or with the consent of your brother?

 

2. What statement was written on the settlement letter and who signed that settlement letter? Your query is deficient of details for giving proper suggestion.

 

3. In whose name the house stands  now where all of you are currently staying?

 

4. If the house stands in the name of your mother, she can file aqn eviction suit against your brother and his wife.

 

5. Your mother and also your wife can also file two separate  Domestic Violence cases and also police complaints against your sister in law.

Krishna Kishore Ganguly
Advocate, Kolkata
25165 Answers
726 Consultations

5.0 on 5.0

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