Mental harassment by mother in law
I am a working mother. I was married 13 years ago, I have a 8 year old son. Due to severe mental harassment caused by my mother in law, we separate 2.5 years back and shifted to a new flat with my husband. The flat is in a bit remote place with very little public conveyance. After a few months of staying there, my husband got a long term assignment out of the country. Since my career also fetches good salary, I decided to try get a posting in the same country as husband, instead of leaving my job, but have not able to do so for the past 2 years. My mother-in-law along with father-in-law in the meantime is shifting to her married daughter's quarters, to live there maybe till she is alive, without giving me enough time to shift my furniture and other household goods from marriage which I still have in my in laws place. She will lock her home permanently within 2 days and is refusing to give me the keys for shifting my goods. Can I lodge a police case to stall her locking or get the keys for getting my things out? I have no wish to stay at in laws place or claim to property there. On what exact grounds will I lodge a police case?
Asked in Family Law from Kolkata, West Bengal
File police complaint against in laws under section406 of IPC for refusal to return tiur streedhan
2) the furniture and other personal gifts given st time of marriage constitute your streedhan and your In laws cannot refuse you to take the said articles
If you are disallowed to remove your belongings then you can file a police complaint for recovery of stridhan against them and remove them with the assistance of police. It is your right to remove your articles lying there.
You should file A police complaint against the mother in law under section 406 ipc in the police station nearest your in laws house..
The police on your complaint can help you to get your articles by speaking to your in laws.if the in -laws don't agree to the request then police will take an FIR investigate and file Chargesheet Chargesheet,then will follow up a trial.
Yes you can lodge complaint on same grounds and you can also file a domestic violence case against your mother in law and father in law and seek for return of your belongings. Better to seek getting your belongs in their front or any elders or well wishers. if seek getting keys there chances of they may allege you by saying in their absence you did that and this. You are absolutely entitle for all your belongs and you can claim those.
1. Police has no authority to restrain your MIL to lock her house before leaving to her daughter's place,
2. Police also has no authority to direct her to postpone her leaving her said house,
3. Similarly, your mother in law has no authority to refuse you to collect and take away your Streedhan kept at her house before leaving it,
4. Visit her house immediately and take away your streedhan including furniture from that house,
5. If she refuses, lodge police complaint immediately and take police alongwith you for correcting your Streedhan before she leaves the house,
6. Keep your husband in the loop to ensure that your two do not develop any personal animosity just for a few pieces of furniture.
You can lodge a complaint under section 406 IPC seeking your stridhan articles from your in laws and can urge the police to swing into action immediately before she leaves the house by locking it.
However, please be aware that the already strained relationship would further develop to snapping the ties for ever due to this.
If they dont or not willing to give back your articles, then you may try this legal option.