• Harassed by daughter in law

Mother in law is around 65 years old. Its been 8 years her son is married . Just after a year daughter in law started insulting the family and creating problems. She shifted herself separately on the upper floor. There were incidents where she hit the mother in law and abused everyone in the family. Old age in-laws never took any action so far as they believe in maintaing the decoram and respect in the society. But this time she crossed all the levels. She started abusing the family and it continued for 3-4 days and finally she started throwing the stuff on them and provoked everyone delibrately to record the video. She went on facebook live where she addressed the family as people who abuse her for having two daughters and insulted the family. She even told everyone that she is threatend to be killed. She customised the comment section also in which only people who are in her favour can comment. She accused the family with false allegations. Police came to the house to interogate the family. In front of the police she changed her statement and said it was done by mistake by the kids and I do not have any complaints to make. Kindly help and suggest the means to sort this problem.
Asked 5 years ago in Family Law
Religion: Hindu

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19 Answers

File a police complaint against her so that she doesn't repeat such acts in future.

Also give a representation in the police station that non of the in laws are or will be responsible for her acts

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. This marriage is precisely not working and if that is so then it's wise to dissolve this.

2. To do this mutual divorce proceeding is best option.  If that is not possible then file contested suit for divorce. 

3. For the actions done in Facebook you can file case for defamation and criminal intimidation. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You say that she has not given any complaint to the police and she has sent back the police who came for interrogation, then where is the case.

However if your mother or the affected person would like to lodge a criminal complaint against her for  cruel acts or tortures, assaults and other harassment, then can very well go ahead before she rushes to police station with a similar or counter complaint.

Your mother can even file a domestic violence case agaisnt her seeking protection from her.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can seek help through Senior citizens Act as well as domestic violence Act to evict her. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1) I presume house is owned by in laws 

 

2) they can  file complaint before senior citizen tribunal seek orders to direct daughter in law to vacate portion of house in her possession 

 

3) seek permanent injunction restraining daughter in law from disturbing their possession of house 

4) thaw can also file complaint of criminal defamation against daughter in law for maligning their reputation 

 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. the aggrieved mother in law can file a police complaint against the DIL about threatening, beatings, abusing, etc

2. the MIL can also file a case of domestic violence against the DIL,

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Mother-in-law can file a complaint case under Section 12 of DV Act, 2005 to seek protection order against her daughter-in-law to restrain the latter from subjecting her to any further acts of domestic violence. The breach of protection order passed by the magistrate is a punishable offence.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You have definitely to protect yourself ,family and property. 

Please try to videograph all illegal act of daughter-in-law, make complaint in-writing to police for action. 

Definitely Police would register the complaint and take action action against the daughter in law.

If situation persists then issue notice for divorce before the court of law and file the same.Get the notice issued and start the process for divorce. 

I am confident daughter in law would improve and settle down with normal behavior if not go for contested divorce proceedings and fight it hard before the Court of Law for justice in favour of mother in law and family. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. Mother in law may file a police complaint for domestic violence , cruelty harassment abuse before the police station against the daughter in law. Mother in law may register the FIR and proceed with same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir/Madam,

Now mother in law is at liberty to lodge DV case against the daughter in law to teach her a lesson. You can mutually resolve the matter by appraising mediation centers of 

MAHILA AYOGA

KARNATAKA STATE COMMISSION FOR WOMEN, BANGALORE

http://www.kscw.kar.nic.in/

http://www.kscw.kar.nic.in/docs/Citizen%20Chart-ENGLISH.pdf

SIMILAR INSTITUTIONS ARE AVAILABLE IN EACH STATE.

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

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

  1. Santosh Kaur
    W/o Sh. Mohan Lal Kashyap
    R/o 6-D, Janta Flats, Satyawati Colony,
    Behind Laxmi Bai College,
    Ashok Vihar, Phase-III,
    Delhi.
  2. Ms. Ritu Kashyap

In Section 2(a) of the Protection of Women from Domestic Violence Act, 2005, “aggrieved person” is defined widely as under”

““aggrieved person” means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;”

So, any woman can be an aggrieved person.

But, Section 2(q) defined “respondent” in a narrow way, by referring only to “adult male” as shown below:

““respondent” means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act:

Provided that an aggrieved wife or female living in a relationship in the nature of marriage may also file a complaint against the relative of the husband or the male partner;”

However, in the recent case of Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165 : 2017 Cri LJ 509 : AIR 2016 SC 4774, the Supreme Court held that:

“We, therefore, set aside the impugned judgment of the Bombay High Court and declare that the words “adult male” in Section 2(q) of the 2005 Act will stand deleted since these words do not square with Article 14 of the Constitution of India. Consequently, the proviso to Section 2(q), being rendered otiose, also stands deleted.”

In view of this judgment of the Supreme Court, it is now clear that a mother in law can file a case of domestic violence against her daughter in law under the provisions of the above Act, if other ingredients are satisfied, because now the respondent can also be a woman.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Senior Citizen can make complaint n the nearest police station under senior citizen act and attempt to kill under CrPC. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

- As per Supreme Court judgement, 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, a wife cannot deny living with her husband , under the condition of separate living from the family.

- Since the said daughter in law is using women card and due to why creating nuisance , but the mother in law is also a woman, and needs to pass her life in peace. 

- Hence, the mother in law , being a woman can also file a complaint with the police against her daughter in law  due to harassment & torture.

- Further , the mother in law can also file a case against her before the magistrate under the provision of domestic violence act.

- Further , if the mother in law is an old lady, then she can also loge her complaint under the provision of Senior citizen Act as well. 

- Further, if the said property is in name of mother in law or her husband , then she has right to dispossess her daughter in law from her house legally , after filing a complaint under senior citizen Act, and also after filing a mandatory Injunction suit in the  court. 

- Hence lodge a complaint on behalf of mother in law  against her harassment & torture, after mentioning that due to being a woman, she is creating such scene without any sufficient reasons. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Sir,

Please submit an humble application to police authorities regarding the day to day torture created by her and apprehension of false cases under women oriented laws by her. Also, pray for the adequate opportunity to put your version of case before any action against you or your family members.    This application can be sent by post, but preserve the application and postal receipt. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You also record her acts and submit complain to police. Police will issue prohibition order and if again she repeats, FiR will lodge.

Also complain of defamation agsisnt her for spreading false rumours in society and FB.

Also file application before collector under senior citizen act to obtain protection order. Court will direct police to provide protection to in laws and can also pray for eviction of daughter in law in house belongs to parents.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Using the recording of the video reflecting the scene created by Daughter in law (DIL) mother in law (MIL) can lodge complaint with the police for domestic violence and disturbing the peace and harmony in the family and also disturbing the neighbours apart from uploading same on facebook.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. IF the House is owned by Parents, THEN such senior age parents can evict the DIL under the Senior Citizen laws, by filing petition in the local Civil Court. This can be supported by statements recorded by Police.

2. Children & their Wives do not have any inherent right to stay in parents house. This has been upheld in several HC /SC judgments.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

In the present senario, you need to file an informatory petition before the respective court of law stating all your grievances and offences that are going happen against you and your family members. In addittion to it, mother in law can also file a criminal case under domestic violence act against Daughter in law

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Mother in law should file two cases agaisnt her daughter in law one is Domestic violence complaint against her and demand protection from her and second should be Eviction suit under senior citizen act against her son and daughter in law.

2. She can also claim maintenance from her son under senior citizen act.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

This is a very serious situation. You should lodge a domestic violence case against her through your mother and your sister. File a divorce petition against her if you don't want to live with her anymore.

If the house belongs to your parents then tell them to evict her immediately and if she refuses then take an injunction order from the court.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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