• In laws are not letting me and my husband to live in peace

I got married exactly a year ago. I and my husband had no issues on each other. But his parents wants us to do each and everything for the sake of their neighbor, who is also their relative by someway. My in laws are more concerned about their neighbor than their son's life. Each and everything that I do in my in laws home should be in such a way that the neighbor (relatives) should not get hurt anyway even if it hurts me, that's not a big deal for them. The neighbor is wholly dependent on my husband's income. He does everything for them. Even though, they say something bad about me to my in laws, then it comes to my husband and then he fights with me every time. This is happening for the past one year. And at one point, I was given an impression that I can be thrown out of my husband's home. Due to depression I tried to commit suicide, which no one cared about. And I was brought to my mother's home. I am fed up of adjusting with everyone. My husband is so innocent to believe his parent's words. 
I really need to file a complaint against the neighbor who is not letting my family to live in peace. Please suggest me under which category should I file a case. Also, please let me know if the neighbor can be guilt for such nuisance.
Asked 5 months ago in Family Law
Religion: Hindu

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21 Answers

Ideal situation would be to convince your husband to shift to another locality so that you are not forced to take care of your neighbour 

 

2) you cannot file case against your neighbour as your husband and in laws want to take care of him 

 

3) he has not abused you or assaulted you 

Ajay Sethi
Advocate, Mumbai
79737 Answers
4810 Consultations

5.0 on 5.0

You can file Domestic Voilence against neighbor that they are doing mentally torture to you by the way of passing  messages or communication through in-laws and in this the whole families peace of mind gets convert into disturbance.

Ganesh Kadam
Advocate, Pune
11751 Answers
114 Consultations

4.9 on 5.0

The Protection of Women from Domestic Violence Act, 2005, Section 3 you will find most related to your problem.

 

Section 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.

Ganesh Kadam
Advocate, Pune
11751 Answers
114 Consultations

4.9 on 5.0

- Delhi High Court granted divorce on the grounds of his in-laws’ frequent interference in her marital life and noted that parents should “draw a line” and let their daughters lead a happy, married life.

- Hence, the husband's mother and further neighbour interference in your married life is against the law , and can file a complaint against them

- Since the said neighbour is creating trouble in your peaceful matrimonial life , hence you should lodge a complaint against the said neighbour after mentioning that she is trying to misguide your husband against you. 

- Further you can also lodge your complaint under the provision of Domestic Violence Act as well, as these neighbours are their relative .

Mohammed Shahzad
Advocate, Delhi
5670 Answers
55 Consultations

5.0 on 5.0

You can file a domestic violence case against yor in laws for the reasons of their cruel and violent activities against you especially on the ill advise of the neighbor.You can also implead the neighbor as the respondent in the DV case.

Alternately you can ask your husband to set a separate house for you both to live away from your in laws in order to avoid more problems that are arising everyday.

T Kalaiselvan
Advocate, Vellore
69776 Answers
953 Consultations

5.0 on 5.0

Until and unless your neighbor directly involves himself/herself to torture you or harm you or create nuisance on you, you cannot take any legal action against the neighbor either through police of through court directly.

You were suggested to file a DV case against your in laws and to implead the neighbor as another respondent in the DV case in order to get initiate legal action against the neighbor also.

T Kalaiselvan
Advocate, Vellore
69776 Answers
953 Consultations

5.0 on 5.0

No case is made out against neighbour 

 

your husband is taking care  of neighbour as per his parents wishes 

best option is to shift in another locality 

Ajay Sethi
Advocate, Mumbai
79737 Answers
4810 Consultations

5.0 on 5.0

No case lies against your neighbour. 

However you can  file case under section 598A IPC against your in laws  

You can bring less stringent legal proceedings under PWDV Act as well. 

Move with your husband to some far away place. 

Devajyoti Barman
Advocate, Kolkata
21795 Answers
318 Consultations

5.0 on 5.0

Hi,it is advisable to file a complaint of domestic violence against your in-laws ..Also a separate FIR under section 498 A ,506, 354 IPC can be filed for dowry harrasment criminal intimidation and outraging of women modesty

Hemant Chaudhary
Advocate, Gurgaon
4599 Answers
42 Consultations

4.9 on 5.0

Please file Criminal  FIR case under section 498 a of I P C against your in-laws. 

Pl file FIR against your neighbor relatives in Police Station and take a copy of that FIR to lodge private complaint against neighbors before Magistrate Court under section 504, 506, 120 B of IPC and get process issued against them.

Pl file a private case against your in-laws for residence order under section 12, 18,19,20,21 and 23 of Domestic Violence Act 2005 for maintenance and restraining order against your in-laws and neighbors before Metropolitan Magistrate Court if Metropolitan areas otherwise Judicial Magistrate First Class in District ,Taluka ,Tehsil places.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

Dear Madam,

You can file Domestic Violence cae against yur mother in law only as follows and teach her as lesson.

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

 Section 3 of Domestic Violence Act

What constitutes Domestic Violence and are considered illegal?

  1. 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.

  • Harassment from Husband

Dear Madam,

There are several enactments in favor of married women.  You must show heat of the litigation to your husband and mother in law otherwise you cannot sustain in such unbearable atmosphere.  You can file Domestic Violence case.

Further, she can also file an application under Section 12 of Domestic Violence Act, thereby seeking compensation for mental harassment. In case she requires residence, then she can file application under Section 19 of the said Act for seeking right to residence.

In addition to aforesaid,  in case she desires maintenance then she can file a case under Section 125 Cr.P.C., thereby seeking maintenance.

Domestic violence and abuse

Domestic abuse is behaviour from a family member, partner or ex-partner that:

  • is controlling, coercive, threatening, violent or abusive
  • happens between people aged over 16

Domestic violence and abuse can happen to men or women. It includes the following types of abuse:

  • psychological
  • physical
  • sexual
  • financial
  • emotional

Domestic violence and abuse can include harassment, stalking, female genital mutilation, forced marriage and honour-based abuse. It can also include trafficking - get help if you think you've been trafficked. 

If you've been affected 

If you are the victim of an abusive relationship, you might want to:

  • find somewhere safe to stay
  • stay in your home and get the person who is harming you to leave
  • report the violence to the police
  • get a court order to stop your abusive partner from harming or threatening you
  • take legal action
  • get help from a charity or another organisation

Whatever you want to do, there are organisations that can give you advice and help. 

Finding somewhere safe to stay

You may need somewhere safe to stay, either alone or with your children. You could:

  • stay at home - if you think this is safe
  • stay with relatives or friends
  • stay in a refuge
  • get emergency accommodation from the local authority under homeless persons law - this will usually mean a bed and breakfast hostel
  • get privately rented accommodation.

Finding a refuge 

Refuges provide somewhere safe for people and their children to stay and think about what to do next.

Staff at refuges are specialised in dealing with domestic violence, and so can give a lot of emotional and practical support, for example, advice on benefit claims, which solicitors to use and, if necessary, how to contact the police.

If you're a woman you can call the National Domestic Violence Helpline on [deleted], (see Domestic violence and abuse - organisations which give information and advice for other ways of contacting them).

Helpline staff will do their best to find you somewhere safe to stay that night even if the local refuge is full. They are also happy to talk about any questions they have about refuges.

Kishan Dutt Kalaskar
Advocate, Bangalore
5650 Answers
235 Consultations

4.8 on 5.0

You can file a NC in this case against your neighbour. You can file domestic violence case against your inlaws

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

1. As u  have mentioned that ur neighbor happens to be your husband's relative, and has harrassed u in such a grave manner which has driven you to commit suicide then u should file a case of 498A Indian penal code, which amounts to cruelty by husband or his relatives. It includes ur in laws and that neighbor cum relative. 

2. This case will be either done through going to a the local police station and filing the charges or directly filing a case in your local court of your area. Kindly clearly mention d person s involved in d cruelty done to you, type of cruelty and d whole suffering you have undergone. 

3. There will be a clear cut punishment for them & if proved guilty they will suffer jail & fine. 

4. U will need d help of an local advocate.

5. Filing case of nuisance will not help u much so file 498A against them. 

6. U need to b strong enough as life is a precious gift of God & should not b affected by others I'll doing. Suicide itself is a criminal offence so never do try again.

7. It is always advisable that one should never succumb to threats, I'll doings by others. Instead fight back in a brave manner and take charge of ur husband and make him understand that how important r u in his life. God bless u. 

Sital Patil
Advocate, Kota
133 Answers

Not rated

File a complaint against the neighbors .....

Police will call both the parties....there get recorded each and every point of you on the papers ..

Than police will give status reports that matter is resolved and than you can go to court against the neighbors for stop interfering in you life via permanent injunction 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

you can file a case of domestic violence against in-laws. First of all, go to the jurisdictional police station where you stay and register a complaint against your in-laws. 

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
14 Consultations

4.5 on 5.0

you can file civil suit for permanent and mandatory injunction for restraining them not to interfere in your peaceful life.

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
14 Consultations

4.5 on 5.0

1. Your neighbour is not the one who has committed an offence.

2. Your in-laws are the ones who are apparently committing acts of domestic violence against you. You can file complaint case under Section 12 of DV Act, 2005 to seek protection order to stop them from committing all acts of domestic violence and also residence order in the shared household of your husband.

Ashish Davessar
Advocate, Jaipur
30013 Answers
867 Consultations

5.0 on 5.0

Hi,

Firstly.. sorry for what is happening with you. 

1. Your husband is too innocent that he only cares for his parents complaints against you and never cared to listen your version.

2. Your in laws are more concerned for your neighbor's/relatives stupidity, than your comfort and welfare.

3. Despite of all these, your husband helps your relatives financially..

4. None from your matrimonial house cares for you and your compassion.

5. Rather understanding your problems with your in laws and neighbours, your husband support them.

6. You have witnessed your husband and in laws knocking out you from their house, more specifically upon your neighbours complaints on you.

7. Finally your parents too asked you to adjust with situations or go with flow.. 

Is that all??

Then,

1. First you let us know what's your educational status and financial resources.

Later you have to consider few points..

1. You said your husband is innocent on one hand and on the other you say that he cares nothing for you, except fighting to you on your in laws complaints against you. 

2. In a relationship, if there is no respect for each other and when trust issue turns bad.. that relationship has no worth. At least your husband has to care for your concerns in your matrimonial house, which completely lacked.

3. Think and give an attempt to pacify this issue with the help of your parents and well-wishers.

4. If things aren't working out still, then try to live seperately with your husband.. talk to him and make him understand how the things are ruining your self respect and rights in your family.. and even after all these genuine efforts to pacify your issues.. still nothing seems positive.. it's high time for you to understand that they care nothing for you and your life is going to turn miserable.

3. But whatever it is relationships are made to stand and not to collapse for minor issues.. give a big and another chance to resolve these..

4. If you go legally again your neighbours, you will have to suffer from your in laws and your husband who is puppet to his parents, even then things go worst.

5. Finally if fate decides the other way, then make absolute evidences with respect to the harrasment you are undergoing from all those people you are ought to Sue. Then you can file a complaint under PWDVA (domestic violence case). Not nuisance case. Make sure that evidence shall be strong, if not the case against your neighbours and inlaws goes vain. You have to prove that those neighbours are your relatives, if not case against them don't stand.

All the best.

I wish things will set right with mediations. 

V Santosh Kumar
Advocate, Hyderabad
6 Answers

Not rated

A domestic violence complaint must be filed against him. Although he doesn't live in the same house but he is totally dependent on your husband and is a neighbour. He has full access to your house too.

Rahul Mishra
Advocate, Lucknow
11628 Answers
20 Consultations

5.0 on 5.0

The husband is ok but is unde rthe influence of that neighbour and your inlaws. File a case against your inlaws too under s.12 of the domestic violence act. 

Rahul Mishra
Advocate, Lucknow
11628 Answers
20 Consultations

5.0 on 5.0

You need to file domestic violence complaint against your inlaws in which you also make accused to your nieghbours for creating nuisance in your family life.

You cannot Lodge any other case against your neighbors for creating nuisance in your family life. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

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