• Torture by wife and her parents

This is related to my brother's marriage.he got married a year ago and since then his wife and her parents are torturing my brother and my mom..my mom is widow so they come anytime and threaten my mom...she is talking silly silly things to her parents and then her parents call my brother and tell him how could you say so...we did multiple attempts to soften their relationship and everytime we speak to her and her family they blame my brother only...she beats my brother every now and then and they beat my mom also once....they everytime say that we will file a case and then my brother will loose his job and as all laws give softer side to women ...we take step back and allow her to come back but again she does the same thing...today his brother went to my brother's office and threatened him that he will torture his sister and put some marks on her neck and will blame you that you did this and then police will put you behind the bars..
Please advice what we do...my mom is alone she cannot take this up now..
please advice
Asked 2 years ago in Family Law from Bhopal, Madhya Pradesh
Religion: Hindu
Dear Querist
You or your mother can file a domestic violence case against her before court and get protection order.
read the below mention section carefully
12. Application to Magistrate.—
(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act: tc "12. Application to Magistrate.—(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act\:" Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider. tc "Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider."
(2) The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: tc "(2) The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent\:" Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after s uch set off. tc "Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off."
(3) Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto. tc "(3) Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto."
(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court. tc "(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court."
(5) The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing. tc "(5) The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing."
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
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1. You shall have to put your foot down now otherwise there will be no end to it,

2. Record all such threats given by her or her family members by audio or video taping.

3. Let your mother file a DV case against your wife & her family members,

4. You also lodge a police complaint against her & her family members regarding their threats.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
your brother should gather evidence of threats made by wife and in laws. record all conversations. install cctv cameras in the living room.  your mother should move senior citizen tribunal against daughter in law or file dv case and obtain protection order
Ajay Sethi
Advocate, Mumbai
23278 Answers
1219 Consultations
5.0 on 5.0
query is resolved
Ajay Sethi
Advocate, Mumbai
23278 Answers
1219 Consultations
5.0 on 5.0

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