• Mother in law is threatening to lodge a complaint of domestic violence against daughter in law

Lady has been married for 10 years is constantly verbally and emotionally abused by her mother in law demanding her salary and husband is also taking his mother’s side and not saying anything against the abuse. Recently mother in law has started threatening that she will go to police station and lodge a complaint against the daughter in law. In this case what should be the action of the lady?
Asked 1 year ago in Family Law
Religion: Hindu

8 answers received in 1 day.

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9 Answers

File case of dowry harassment against mother in law and husband 

 

also file DV case seek right to stay in matrimonial home ,protection order and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Hello 

 

LET HER GO AND FILE A COMPLAINT ----- SHE herself will be in a SPOT 

 

Need not to worry - YOU can anyday file a complaint against your mother in law / husband etc. 

 

UNDER ANY CIRCUMSTANCES DO NOT LEAVE your matrimonial house. 

 

Best of Luck 

 

Kindly check latest video on you tube on domestic violence 

 

 

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

Only a female member of family can lodge complaint against male member. Under Protection of Women From Domestic Violence Act, 2005 there cannot be a complaint against female, Section 2 (q). But as a wife and daughter in law you have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

  1. Under Domestic Violence Act, 2005—
  2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
  3. Protection order prohibiting husband from—
  4. committing any act of domestic violence;
  5. entering the place of your employment;

  • attempting to communicating with you;

  1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
  2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
  3. Monetary reliefs:
  4. To meet the expensed incurred and losses suffered as a result of domestic violence;
  5. Loss of earnings;

  • Medical expenses;

  1. Maintenance for wife and children;
  2. Lump sum payment.
  3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
  4. You can file a case under Section 19 (b) or (d) Domestic Violence Act, 2005, under which  Court will order police to take to the matrimonial house and keep you there. Court can also order husband not to enter within 200 meters of house. If he obstructs you, police will arrest him.

  5. Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and your child maintenance.

  6. Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
  7. Under Hindu Minority and Guardianship Act, 1956, mother is natural guardian and custodian of child till it reaches age of five years with visiting rights to father. Thereafter, father  is natural guardian and custodian of child with visiting rights  to mother .
  8. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

 

 

 It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony running into hefty sum.

It is strongly advised that you should…

  1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
  2. Restrain him from house transferring as the same belongs to you son/daughter.

 

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

You can record all her abused words by way of hidden camera and generate evidence against her. Record all here demands asking for money, salary and dowry. Plus threatening you for false police complaint.

 

You can lodge online police complaint against her in India for Domestic Violence and harrasment for dowry.

 

Ganesh Kadam
Advocate, Pune
12928 Answers
255 Consultations

4.9 on 5.0

You need to contest the complaint if any filed by her. Till she files you can take any action 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

This lady should not budge to the pressures of threats.

If she is tolerating the pressure and if it is no more tolerable she can also give a counter complaint against her mother in law.

Both can file DV case against each other for the reasons they may rely upon.

Besides this lady can lodge a complaint for the offences of dowry demand and harassment with the same police

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

- As per law, A husband cannot claim any right over the earnings of his wife , but if the husband is not having any source of income , then a husband can claim maintenance from his wife under section 24 of Hindu Marriage Act.

- Further, as per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- Further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.

- Hence, if they are creating trouble , then you can lodge a compliant before the police and higher official and also before the Women Cell. 

- Further, you can also file a compliant under the provision of Domestic Valence Act against them. 

- Further, if your said in-law files a compliant against you , then you an also file the same , and even her compliant will not entertained if you will file a compliant accordingly. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Dear client I am sorry to hear that but in this case you can file for harassment against your in laws. Furthermore a divorce petition can also be filed.

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

You should file a NCR with the police stating that your MIL is threatening you to implicate you in false cases.

You should start gathering evidence to prove that she is threatening you or metting any cruelty on you.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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