• Harassment by daughter in law

Respected Sir, I am here on the behalf of by old parents. My parents are being harassed by my bhabhi every day. From the very begining she tried to control us in every situation..At first she started fighting with my brother..on issues like why my parents are spending so much money on my education..then slowly my brother started blame ing my parents. After that they started fighting every night. My mother was a govt teacher. She had to wake up early. They knew it but didnt care about their health. Then she made it a ritual to call her parents on small issues. Then my nephew took birth then she started harassing them through him. When ever they took some gifts she litterly ignore it. She started fighting on his feeding issue.. baby was not healthy if my parents told her that dont feed him too much. His stomach can be upset..then she again made a issue out of it. And told that we dont want that baby to be feeded. She kind of started blackmail ing through loving grand children of the family. then these things were going on..Then I got married. My parents had to sell a shop which was not in use. for my marriage expenses. Then my brother and bhabhi started making issue out of it. And started tauting my parents that ,"tumko humesha beti hi dikhti hai beta gali se utha ke laye ho kya" then the time was coming near when my mother was going to be retired soon. Things were changed. Now they both started behaving very strangly..My brother stopped listening to my parents..He started drinking. And my bhabhi started making issues. Firstly we thought that our brother is wrong. He has to be right. But slowly it seemed to us like they both are one team and doing it with a plan..They faught regularly with each other and my bhabhi with my parents. We were totally harassed by this time. My brother was not earning. And still not taking responsibility of his own family..Everything was going on with my mummy's salary. As my father is a small businessman. My parents were taking full responsibility of my bhabhi education also. But even after this they were not respecting them. Now my mother is retired. Now bhabhi started fights with my parents and my brother and bhabhi became one. Bhabhi started to say "alag kro humko" and my emotional parents says they will give their home to them. One shop to them. And some money and they themselves will go out of the house. Because they don't want to trouble them. Even after this statement my bhabhi kept on harassing old ones. Now my father is building house for them but she again made some issue and threaten to suicide my mother went to stop her she pushed my mother badly on ground seeing this my father became out of control n he pushed her. Then again their family came with Si and told alag kro or jo jaye daad hai de do. Now they are giving dhamki to us. Mh mother pension is less but still they are taking care of their family. What should we do. I want to help my parents. Please help
Asked 7 years ago in Family Law
Religion: Hindu

11 answers received in 1 day.

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12 Answers

the property belongs to the parents. if the son and the wife really want to live separately, they should move out and start earning without the help of your parents. tell your parents to remove them from the house otherwise they may land up in jail. the wife may lodge a false complaint alleging harassment and domestic violence.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Your parents should seek court orders to direct son and daughter in law to vacate portion of house in their possession 

 

2) seek permanent injunction restraining them from disturbing their possession of house 

 

3) file police complaint against son and daughter in law for criminal intimidation under section 506 of IPC 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

1) If this is issue first make NC in the nearest police station that son and daughter-in-law harassing and threatening that attempt to suicide.

2) Your parents can make complaint against both under senior citizen act, instead of your parents they will have to go out of house.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Your parents need exhaustive consultation from a learned advocate, else their rights will get trampled upon like this. They are senior citizens and entitled to a content, peaceful and dignified life, after working so hard successfully. 

I'm based in Mumbai/ Navi Mumbai. Can't you bring your parents along for a session of consultation? After consulting them only, I can advice the line of action and act upon it if your parents are willing to appoint me as their advocate. I handle cases all over the country and have ample expierence of appearing before the Hon'ble supreme Court, various high courts and lower courts across the country. 

Your number isn't shown to me here. So leave it in feedback. Mine is [deleted] (nine eight two zero eight nine seven eight eight four)

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

1. Your bhabi is not  a person with whom a peaceful life can be led.

2. Ask your parents to not to give anything to them as they are insatiable and once they get the house they would start asking for something else.

3. Your parents are not obliged to maintain your brother and his wife and because of their soft attitude both of them have become so dominating.

4. Ask your parents to lodge complaint with the local police and once they intervene this dispute should come to an end.

5. they need to be death strictly than dancing at their tune which your parents have do so far without any positive result.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Who is the owner of the house? If the owners are your parents then they should file a suit for eviction of your brother and his wife who have no right to reside in the house without their permission.

2. Also, your parents should file a criminal complaint under Section 506 IPC for criminal intimidation in the nearest police station.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1)First and foremost in a house belonging to parent's, the son or daughter in law cannot claim any right and more so daughter in law cannot claim the house as being a shared house hold. 

2)Your mother can File Domestic Violence against son and daughter in law. 

3)son and daughter in law can not stay in your parent house without your parents wish . Your parents can file an eviction suit against them, your parents should also file a complaint in nearest police station that they have threats from son and daughter in law this will help your parents in case they retaliate on  filing of Evicition suit. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Querist

your parents may file a civil suit for mandatory and permanent injunction along with eviction against her and your brother too before the Civil Court and also file an application under Order 39 rule 1 & 2 of CPC for Temporary Injunction and get injunction order against them.

 

apart from the above, your mother may file a criminal complaint against them before criminal court under the Protection of Women from Domestic Violence act-2005 and claim protection.

 

if your parents are Senior Citizen then they may file a complaint for eviction against them before DM under the Protection & welfare of Senior Citizen act

 

she has no right/ or share in the property of your parents by any Law.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Your parents should send both of them out of your house and should not support them in any way.

Why are your parents still keeping them in their house despite so much of problems she has created.

If she is not leaving let your parents file an injunction suit against them and seek to evict them from this house due to the persistent problems she creates in that house without any manner of interest or  rights in it.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

your mother can file case against her under domestic violence Act as well as senior citizens Act

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Without understanding the nature of the property, it would be difficult to provide exact information. Nevertheless, immediately ask your parents to seek reliefs under the "Maintenance and Welfare of Parents and Senior Citizen's Act".  They should be able to get immediate relief of eviction of your brother and bhabhi. 

It is not advisable for your parents' to leave their house but in order to prevent more atrocities being committed on them, you may go and stay with them for few days. Also collect all proof in the meanwhile regarding your Bhabhi and Brother's behaviour with your parents.  When you say that your mother was pushed and fell down badly, was an NC or Govt Hospital report made in this regard?  

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

Dear Madam,

Your mother having every right to file a Domestic Case against her daughter in law.  The following information may kindly be read.

All women in household deserve protection under PWDVA 22

When laws are made to satisfy whims of a few feminizes, the result is such litigation as in this Delhi case below.  It is to the credit of few judges who come out with such judgments every once in a while which puts brakes on the onslaught unleashed by Domestic Violence industry.  Some excerpts of the judgment are below followed by full text later:

The misuse and abuse of the Act is a
matter of serious concern for the courts who are required to be
careful and ensure that a woman petitioner is not made a puppet
or pawn in the hands of her male relatives so as to manipulate
the Protection of Women from Domestic Violence Act, 2005
and use it for ulterior motives.

At the very outset I may observe that merely because
the revisionist no.3 Smt. Sarika Mehta happen to be the real
sister of the husband of present respondent would not ipso-facto
imply a domestic relationship to the extent as contemplated
under the Protection of Women from Domestic Violence Act,
2005 as she is residing separately with her own husband and
cannot be deemed to be a member of the shared household as a
joint family.

Making wild allegations against an unmarried sister-in-law of a
tender marriageable age by an estranged wife of brother
tentamounts to inflicting violence upon her and it is the duty of
the court to ensure that she is protected from the same.

Full judgment text below:

————————————————————–

IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS
JUDGE-II (NORTH-WEST) ROHINI COURTS: DELHI

Crl. Revision No. 367/2010

  1. Santosh Kaur
    W/o Sh. Mohan Lal Kashyap
    R/o 6-D, Janta Flats, Satyawati Colony,
    Behind Laxmi Bai College,
    Ashok Vihar, Phase-III,
    Delhi.
  2. Ms. Ritu Kashyap

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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