1. The liability to mainten wife solely lies on husband and not his sibling or parents. Wife has no share in the house of husband but has right of residence if belongs to husband. 

2. Again wife has no right of compensation from anyone except husband. 

3. Don't worry.  She is not going to be arrested without which her job will remain intact. 

4. Yes. They must file a suit for eviction against both son and his wife. 

5. Start lodging complaint with police everytime when they threat or commits any wrong. 

1) daughter in law has no share in laws property 

2) she cannot seek alimony from her in laws 

3) she is not entitled to any compensation 

4) best option is for parents to file case before senior citizen tribunal seek orders to direct son and daughter in law to vacate portion of house in their possession 

5) also seek permanent injunction restraining her from disturbing their possession of house 

1. She cannot claim a stake in this house. If this house is in your parents name, they can do with this property whatever they wish to, during their lifetime. After their lifetime, it passes on to you and your brother in equal protection, in case your parents do not leave a will.

2. She cannot.

4. Should help! This is the bast way. Ask your parents to draw a will so that there are no complications in future. 

5. Have a registered will ion place. 

Hi Shubham 

1. No she can not force your parents to pay any alimony or ask for her part.

2.No she can not ask for any compensation from your mother.

3. you dont need any such protection rite now.

4.yes removing him will be beneficial

5.Your parents can disown him by publishing it in a local newspaper and thereafter you can file a eviction suit against them.

1. IF House belongs to Father, THEN Father can just simply remove his Children from his house, via a Civil Court Eviction Suit, since children do not have any inherent right to stay in Parents house.  This has been upheld in several HC /SC judgments.

2. Parents are legally NOT liable to pay ANY Alimony /Maintenance /whatever .... to ANYBODY, whosoever, without any further legal reference. ONLY Husband is liable for alimony /maintenance, PROVIDED there is a court order.

Yes, definitely you have respite from illegal act of your Brother and his wife.

Generally speaking as per Family law point of view, the responsibilities of wife are to be born by husband not parents of husband or other relatives. 

1- The answer is No.She neither can force you nor your parents for any alimony or maintenance. 

2- Yes,She can lodge FIR against you,your parents and wife under section 498 A  of IPC for cruelty and Domestic violence case which is seriously considered for decent family.However after registration of FIR by Police ,You and your parents would get Notice under Section 41 A of Cr. P. C. 1973 for appearance before Police officer investigating the case but you have to move before Court of Sessions for Anticipatory Bail under Section 438 of Cr. P. C 1973 by engaging an Advocate who would appear on your behalf for the bail.This answer is for your question no 2 and 3.

3- Yes, your father can definitely throw out of the property which is a self acquired property by him through a WIIL bequeathing all his property to legal heirs except your brother and his wife.

4- Please approach Civil Court against your brother and his wife for order under Order 39 of C.P.C 1908 for seeking injunctions against them .

Dear Sir,

My answers are as follows.

1.As I told my brother is financially weak(he doesn't have regular income or any asset), can she force my parents or me to pay for alimony ?? Can she asks for her part in matrimonial house which my parents own ??

Ans, Never allow her to enter your house. More so after 10-12 years of marriage and they having a child there is no matrimonial house for her. Let your parents meddle this property like transfer in your name etc. Be careful but she has remote chances of claiming.

2.Because of bad relationship with my mother, can she ask for compensation from my parents on the ground of mental cruelty? She has mentioned this thing many times in various arguments with my parents? She is completely lying here but there is no way to prove.

Ans: No chance to claim compensation from your parents.

3.How can I protect my future wife from all this? She is govt employee and she could lose her job in case of any arrest in future.

Ans: Yes, your mother may lodge complaint and get her arrested.

4.If my parents removes my brother and his wife from their legal will, will it help?

Ans: It is better. Let them go to Court as it seems self acquired property of your parents.

5.What can we do beforehand to safeguard ourselves from any mishappening in future? She is very clever and we are trying to protect our house and family income from false allegations by my brother and his wife.

Ans: You mother must file DV case against her. 

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

Supreme Court of India

Hiral P. Harsora And Ors vs Kusum Narottamdas Harsora And Ors on 6 October, 2016

Dear Madam,

Kindly give information of the property of your parents whether ancestral or selfowned. There are quite few judgments in your favour and actual solution can be given in a detailed meeting it can be via video conferencing as per present times.

Simple.  The property is self acquired property of your parents.  After attaining majority, the son and his wife can live in their house as per their wish. In case they are not comfortable with them and getting mental harassment, kindly contact a local lawyer and issue them legal notice to vacate the house within 15 days failing which legal proceedings shall be initiated.   In case they do not vacate the house within 15 days, file a suit for mandatory injunction  directing them to vacate the house and permanent injunction restraining them to enter in the house in future.  

1. Neither your brother nor his wife can demand money for maintenance or for any other thing from  your parents also they cannot claim a share in the property as a right.

Your parents can file a suit to eject them from their property stating that they have been given shelter temporarily whereas they misused the courtesy and squat down permanently, refusing to vacate.

2. She cannot claim compensation from your parents for any reason and your mother is not liable to pay any amount to her.

3. If at all there is any case registered agaisnt you or your wife or your parents, you all may first obtain anticipatory baiol and then challenge their false cases properly ion the trial proceedings.

4.Yes, your parents have rights to do so.

5. Your parents can file an injunction suit restraining them from interfering in their possession and peaceful enjoyment of the their property.

NO. IN laws and BIL is not liable to pay alimony to DIL.

NO.

Evict them out. IF your parents age is above 60 years of age. Than file application before collector under senior citizen act to evict them. They have no right to live in your parents house.

Through WILL, parents can disown him from their assets but for eviction have to file case in court.

Better proceed to evict them. Best safe guard.

No she can't. Parents can't be forced to pay alimony she can only stay there

No she can't ask compensation from parents

You can't protect her in advance if any fir filed you can take anticipatory bail. 

Removing from will only relates to removing from property. 

No it can't be safeguarded in advance on probabilities

1. No she cannot ask anything from your parents. 

2. Parents are not entitled to maintain her.

3. Ask your parents to disown them. And you just don't come in their contact. 

4. Yes.

5. Give a representation in police that you and parents are not responsible for anything done by them

1. No, legally she cannot force you and your parents to pay alimony , and further she cannot claim any share in the property of your parents . 

2. She cannot get anything from her in laws, including compensation legally. , except a residential right from her husband including maintenance. 

3. Better to live in a separate accommodation till the time her removal from the parents house. 

4. Yes, your parents can remove your brother and his wife from the house legally , after filing a suit for Mandatory Injunction before the court. 

- Further , if they are old , then they can also lodge their complaint under the provision of Senior citizen Act as well. 

5. Better to remove her from the parental house for a peace living . 

You may contact me via kaanoon.com in Delhi 

1. Under the present law a married woman has no share in the property of her husband, but she has the right to reside in it during the subsistence of marriage.

2. She can claim maintenance from her husband, but not from her in-laws or anyone else.

3. Under DV Act a married woman can be granted monetary compensation from her in-laws also if she is able to prove commission of domestic violence by them against her.

4. The only way your future wife can protect herself is by filing for anticipatory bail if FIR is registered against her.

5. Your parents are free to evict your brother and his wife from their property by filing a suit for eviction.

6. Nothing can be done beforehand.

Parents in law not liable for maintenance. The maintenance of wife is the personal obligation of the husband.

Daughter in law is not entitled to get any maintenance or property from her father in law. If daughter in law wants to claim any maintenance it can be done only by claiming it on her husband  

she cannot claim any compensation. 

Father in law has full power to disown and debar his son over his self acquired property. If the property in an ancestral one then only the partition suit will be maintainable.

1. No she cannot force your parents to pay alimony to her or her daughter. No she cannot even ask for share from matrimonial home till your parents are alive or dies intestate 

2. Yes she can file case for domestic violence and claim compensation from your parents. 

3. Ask your parents to disown your brother or you should shift to some place else before or immediately after marriage.

4. Removing from will cannot help but disowning them can help you and your parents. 

1) courts are not inclined to award substantial amount as compensation 

2) you can argue cases are filed by wife in retaliation 

3) burden of proof is upon wife to prove allegations made in DV case 

Dear Sir,My answers are as follows:

1. What is criteria behind claiming the compensation from my parents? How much can she ask for ? How can we eliminate or minimize the damage here ?

Ans: You are misinformed. As per my experience and study of more than ten thousand judgments of different High Court, no such compensation was granted on the ground of domestic violence.

2. Can filing a eviction suit instigate her to file domestic violence charges and divorce case against us? Will that case be treated as a retaliation to the charges we have filed?

Ans: Your parents must disown your brother and file eviction suit. She may file any number of cases but it is very difficult for her to get any compensation from her parents in law.

3. I am wondering how can she prove a thing like domestic violence that never happened in the court? Or Is it like she just have to accuse us and it will be job to disprove it? What are the clever ways generally used by women counterparts in the court ?

Ans: Since because there is no admission stage before the Magaistrate Court as such it will receive all the DV cases. But it is for you to approach High Court and seek stay first and then DV case will be quashed as there is no prima facie case to register such case.

1. If at all she claims compensation for mental agony and physical violence,  it depends on how much she can claim,  however court will not accept her claim fully that too without hearing both the sides. 

There's no fixed quantum for grant of compensation. 

2. You cannot predict what action she would initiate to react as a retaliation to the eviction action taken against her. 

She may take revenge by resorting to legal action against you all but you can challenge them properly in the trial proceedings. 

3. You first of all wait and watch whether she's taking any legal action or not,  if yes , then you see what charges she has made and plan to nullify them as per the prevailing circumstances at that time. 

Facts and evidence differ from case to case.

Let her file the case ,We would definitely recommend solution and advice you to go through legal action against her by approaching appropriate Court and authority. 

1. She can't claim compensation as already stated from parents. Compensation can only be sought from parents if there is a common family business in which her husband has a share. 

2. She can anytime file the same. Your parents can file complaint under senior citizens Act and evict her. 

3. She will file false allegations which you can falsify through your effective cross examination

1. Generally there is no criteria. she can demand for any X amount which she thinks you can pay her, you can create pressure on her by filing a eviction petition against her to minimise the damage.

2. when you file an eviction petition and thereafter she files a domestic violance case, you will have a good ground in the court to prove that she filed a false claim against you and your family because of the eviction petition.

3. Domestic violence is not that difficult to prove, and moreover the courts would believe her statement. 

  Proving no Domestic violence,  the onus will be on you to prove. 

1. She needs to prove that domestic violence is done by your parents in order to get the compensation. Less she have proofs , less ypu guys are in trouble.

2. Yes that could be used as the defense by you.

3. If it never happened....she can't prove, don't worry 

Only widowed daughter-in-law can claim the maintenance from her father in law if she was unable to maintain herself out of her own earnings.

She cannot claim any thing from in laws and any other family member.

To claim maintiancne, she have to prove DV.

Under the Domestic Violence Act, the daughter-in-law has a right of residence in the house whether it is owned by her in-laws or not and even if her husband doesn’t have any ownership rights in the house, the right of the daughter-in-law remains intact. This shall continue to remain until the marriage doesn’t dissolve .If the matrimonial relationship ceases to exist, this right cannot be claimed.

1. Criteria is only Domestic violence under which she can claim compensation from your parents if she is living with your parents.

2. Yes 

3. She needs to prove that she have suffered domestic violence while living with your parents.