• Ill treated by in-laws

Hi.. I am a daughter in law. My in laws have thrown me out of their house and i am residing at my parents place for last 4 months. We went to local police station there, an officer advised me to go and stay at in laws place as i have legal right to do so. But, my concern is that my mother in law has already threatened me that she will apply false case on me that I beat her and she will tear her clothes and dial 100 to put me into jail if i return to their place. I have threatend my father in law that i will go to women cell but he is least bothered. These people basically do not want me to return and tell me that they will torture me indirectly if i go back to their home. Police officer also advised me to get a protection order for myself. My questions are as below:
- Can my inlaws put false case on me and how strong is 'Protection order'? Can it be challenged? My mother in laws challenges me that if go back, she will break glass doors and windows and utensils and put blame on me and ask policemen to arrest me. What can i do for my safety? My husband is also standing with them. I do not want to stay at my parents home more. I also have a one year old kid. Can these people sell house and throw me and my son out of their house again if i return there?
Asked 11 months ago in Family Law from New Delhi, Delhi
Religion: Sikh
You should file a case for domestic violence and obtain protection order before entering your matrimonial home. A protection order is absolute which has to be obeyed absolutely by the parties. They can challenge it in the higher court. Police cannot at the throw of a hat arrest you in the event she lodges a FIR. To stop your parents from selling the house and dispossessing you therefrom you can seek injunction against them.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1) you should file Domestic violence case and seek protection order against your husband and in laws 

2) seek alternative accommodation from husband as there are constant threats to your life from your MIL 

3) also seek maintenance for  your self and the child 

4) also file 498A case against husband and his family for continuous acts of cruelty 
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
1)you can file DV case . in said case seek maintenance for your self and child 

2) you cannot ask his employer to give you portion of his salary 

3) you can contact some local NGO that helps women in distress or contact district legal aid center in your city
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
My opinion on your queries are as under

Can my inlaws put false case on me and how strong is 'Protection order'? 

Opinion: it may be possible, protection order may be granted by magistrate court if you file domestic violence case against them.



Can it be challenged? My mother in laws challenges me that if go back, she will break glass doors and windows and utensils and put blame on me and ask policemen to arrest me. What can i do for my safety?
Opinion: file a domestic violence case and try to get protection order, right to residence order, maintenance, child custody if any and compensation as per section 18,19,20,21&22 of protection of women from domestic violence act 2005.

 My husband is also standing with them. I do not want to stay at my parents home more. I also have a one year old kid. Can these people sell house and throw me and my son out of their house again if i return there?
Opinion: the magistrate court have power to restrain them to sell the matrimonial home without due process of law. Or the court may grant you to reside in rented accommodation and the rent will be paid by your husband.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
How to seek  maintenance for  myself and my child?

Opined: you may file a domestic violence case or file a maintenance case under section 125 of crpc against your husband and claim maintenance from him for yourself and for kid.

 As my husband has refused to provide me money. Can I go to my husband's office and ask his employer to give me a portion of his monthly salary?

Opinion : directly you can not get any maintenance from his employer but after court order you may get.

 What can i do as i do not have enough money to spend on lawyers and court cases. I am working an do not earn much to be spent haywire.
Opinion: contact district legal service authority for free legal aid.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
 Can my inlaws put false case on me and how strong is 'Protection order'? Can it be challenged? My mother in laws challenges me that if go back, she will break glass doors and windows and utensils and put blame on me and ask policemen to arrest me. What can i do for my safety? My husband is also standing with them. I do not want to stay at my parents home more. I also have a one year old kid. Can these people sell house and throw me and my son out of their house again if i return there?
Your in laws do not have reasons or proper grounds to foist false cases on you.
The protection order can be obtained through court after you have filed DV case against them seeking this relief, yes it is quite strong enough and you will be protected by aw against the tortures and assaults by the in laws or your husband.
Your mother in law is simply threatening you with such consequences, she cannot be able to do it and also if she does the police may not believe her version and arrest you. 
You have residential rights in the matrimonial home, they cannot refuse your entry in the house, if they do so, you may take the help of police for your entry.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
How to seek  maintenance for  myself and my child? As my husband has refused to provide me money. Can I go to my husband's office and ask his employer to give me a portion of his monthly salary? What can i do as i do not have enough money to spend on lawyers and court cases. I am working an do not earn much to be spent haywire.
If your husband refused to pay you maintenance amount to you and your child, you may file a maintenance case under section 125 cr.p.c.
You cannot approach his employer directly asking him to deduct the amount from his salary and give it to you.  The employer will not oblige for your request because he is not bound by it, he can do so only when there is a court order in this regard. 
If you dont have money to fight your legal case, you may avail the free legal aid facility available in all the courts. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1. you file a DV case and inter alia seek protection for yourself and your child,

2. In the said petition you mention all those false caes what your MIL has threatened to file against you,

3.  Your this DV case will give you some sort of legal safety against their ensuing filing of false cases/complaints,

4. You van also get a stay order restraining your inlaws to sell of your matrimonial residence for dispossessing you.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. If you are employed and earning enough to maintain yourself, you may not get maintenance,

2. If not, then you can pray for maintenance in your DV case and file a petition for interim maintenance for you and your kid and also for bearing your legal expenses,

3. Interim maintenance is allowed pending the disposal of the case.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Hi, it is better you stay in home only if you go to your matrimonial home then you are in trouble though you may get the protection order from the court and it will not help you.

2. You have to file petition under DV act for residence order and also for maintenance and court will  pass interim maintenance and if your husband fail to pay the amount then you can execute the order through the process of the court. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
To seek maintenance for yourself and child you are required to file a case to this effect under 125 crpc. You cannot seek a part of his salary from his employer. If you do not have money to afford lawyers then apply to District Legal Services Authority (the office of which will be situated in the local court complex) to give you a lawyer at state expenditure. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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