• Mental harassment by Mother in law and brother in law

I want to know whether should I complaint about abusive treatment by Mother in law and brother in law. One day after a fight , I left that house with my husband. I will give all details later but would you please suggest what should I do. If I complaint about my in laws my husband might not support in that but atleast he saved me from his family. His family has big history of abusive behaviour, I have faced it over a year then decided to left . Main reason of fight was that his mother was jealous of me and always try to put me down in every possible ways.Due to her behaviour I was depressed and affected my health, so I hired another maid for cooking . They had 1 maid before my marriage she does dishwash , cleaning house . My mother in law was always finding small small reasons for big fight. I have started to respond her and avoided. She made other family members against me, it was easy for her . This family don't have ani moral values they just know to fight and abuse the others . My mother in law had very bad relationship with her husband ,they had 4 sons then he left her and brought her younger sister to home they have 1 son. They are not divorced but mother in law goes to stay at their home sometimes. She has good relation with her sister who broke her own marriage. Father in law stays in village with her second wife and son. My mother in law always say she and her sons gone through lot of abuse and harrasment by Father in law. When father in law got retirement he went to village. I think entire family has that abusive behaviour in them except my Husband. My husband dont want break relation with them or me. He want to stay happily married with me. But his mother and brother want to break our nice relation and create problem between us. My youngest brother in law is almost criminal minded, he and his mother created false blaming stories against me. They have threaten me , will it be safe if I will not complaint about it ? I'm scared if I complaint against them then they might start to harass me and my family.
Asked 4 years ago in Family Law
Religion: Hindu

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26 Answers

1. Yes, you can lodge and you must lodge complaint against your in laws for the atrocities done to you.

There is no requirement that without  implicating your husband also you can not do so.

The more you keep silence there is no more chance that they would be emboldened in their unlawful actions.

Once you do stay away from them in a separate mess with your husband.

However you must take your husband into confidence before ding so .

Devajyoti Barman
Advocate, Kolkata
23277 Answers
516 Consultations

You need to complaint against them you can't just expect legal help without setting legal machinery in motion

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

- As per law, no body is allowed to interfere in the happy matrimonial life of husband and wife. 

- Hence you can lodge your complaint against those persons who subjected you harassment and cruelty, and it is not mandatory to involve husband in the complaint. 

- You can also file a petition before the Magistrate under the provision of Domestic Violence Act, against your mother-in-law and brother in law only , to get a direction for restrained them to interfere in your matrimonial life. 

- If you lodge a complaint , then they cannot harm you , even after filing a false case etc, because no case made out against you legally.

- Further , after filing a complaint or case , you can withdraw the same legally , if they assure court that they will not disturb your relation with your husband. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

Hello, 

  1. You need to take a call as to whether or not you want to make a complaint against them. As your husband is not against them, you need to be careful as it can negatively impact your marriage. 
  2. If you choose to complain, you must take your husband into confidence and get him to stand by what you do. Make him aware of what's going on and convince him that if they repeat such behaviour, you would be compelled to go to cops and would need his support in the same. 
  3. As long as there is no direct interference in your life, it is advisable to avoid confrontation as it would cause stress to your husband and possibly strain in your marital relationship. Convincing your husband about your position is key to everything. 

S J Mathew
Advocate, Mumbai
3596 Answers
175 Consultations

You can file complaint under PWDVA. You are saying that your husband is different then rest of your in-laws members, so you do not need to worry anymore.

Also, you should stand against violence and any kind of harassment against you. I guess, you are newly wed woman and if you do not take your stand now then it might be possible that your future may even more bitter then today.

Indian law protects women's dignity and her self respect also your husband will support you if you are on right path. Everyone have to rights to Justice.

Atavarish Varshi
Advocate, Navi Mumbai
5 Answers
1 Consultation

Don’t find any police complaint or DV case against mother in law and brother in law 

 

2) stay separate from your in-laws family 

 

3) if you file any case it many antagonise your husband 

 

 

Ajay Sethi
Advocate, Mumbai
97224 Answers
7850 Consultations

You should first tell all these situation to your husband what is happening in the house. Now your MIL and BIL abuses you also start abusing if you don't want to go to the first police. If they physically abused then they are well trap in the criminal law and your husband should take step in it.

 

Keep mobile handy to call 100 number 

Ganesh Kadam
Advocate, Pune
12995 Answers
262 Consultations

Convince your husband to give a representation in local police station that your mother in law and brother in law have been and will be responsible for anything bad happens to you.

This should workout 

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Since you have come out of the house and you are no more in their clutches, it would be better that you forget those incidents s bad dream and ignore everything.

If your life outside your mother in law's home is peaceful and happy then better do not spoil the cordial relationship with your husband.

Since your husband is taking care of you properly, he may not like the idea of you taking revenge against his mother even after coming out of their house.

You may better avoid any more confrontation with your MIL or your BIL and it will be possible to avoid them totally since you are living far away from them.

So take a wise decision at a right time.

 

T Kalaiselvan
Advocate, Vellore
87426 Answers
2348 Consultations

Respected mam...

in the present situation first of all you have to decide whether you want to take or initiate legal action against them or not.... You have to make your own mind clear whether they abuse are forgivable or  you have to give punishment to them.... if they are out of control as they are continuously abusing you and harassing you then definitely you have to file complaint against them they can't do anything against you as you will get protection from law and police first of all you need to make your mind clear and if you want to take legal action then collect evidence in spot that maybe in form of audio and video recordings that will help you alot in the future when you file the case...

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1265 Answers
12 Consultations

File application for protection order from Magistrate court under Domestic violence Act.

Residence Order and protection order would be granted by the Magistrate after hearing Police,PO and your in-laws.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. You have stated that after a fight you left that house with your husband. If you are living with your husband separated from your in-laws then you may close the earlier chapter and snap your all social ties with them instead of opening up a round of litigation.

2. Legally speaking, you are free to file a complaint against them in the police station and also a case under DV Act, 2005 to claim compensation.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

Yes, it is safe and advisable not to complain about the issue.

You are correct, if you lodge complaint against  them, you may lose support of your husband also.

However, you have option to lodge police complaint  under domestic violence act against your mother-in-law and brother-in-law who is harassing you (this is your legal right, but it is not advisable in present situation since you have already come out of the house).

What ever you plan to do, you discuss with you husband first by showing him proofs of their misdeeds. 

Since you are staying separately with your husband, close the bad chapter and start your life afresh.

Good Luck. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

You can file complaint under domestic violence act and also can get protection under same.. 

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

1. Yes you can file domestic violence case against your in-laws. 

2. You can also lodge FIR if there is history of physical assault agaisnt you and your husband.

3. In DV case you can pray court to provide you protection from accused in-laws You can also mention in complaint that they can also harm you for filing this complaint.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

You should leave that family before you get hurt, both mentally and physically. If you leave now break all relationship with them and live with your husband. If the husband refuses to live separately leave him because you will be the ultimate victim.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Your husband can File police complaint against mother and brothers for criminal breach of trust under section 406of IPC for refusing to return laptop and other articles

Ajay Sethi
Advocate, Mumbai
97224 Answers
7850 Consultations

Please file Writ Petition in High Court against MIL and BIL including all miscreants as Respondents seeking production of all your belongings. 

The High Court would issue a notice against all the Respondents and would seek their reply.

Serve the notices to all the Respondents. 

Let them say what they have to say before the High Court Judges. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

you can write a complaint to your nearest women's cell seeking their help to recover your belongings and other items. They will in turn forward the same application/complaint to your local police station hence you can claim back your belongings via this mode. The second option is you can approach a lawyer and he would further initiate matrimonial proceedings as per law.

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

File a written complaint against all of them to the SSP.

No other way

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

As already stated you need you take legal steps under various laws to set legal machinery in motion without the same there will be no guaranteed remedy

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

Your husband has to decide that whether he has to initiate legal steps to retrieve his documents and other valuables from is mother or try to get them through family sources in an amicable manner.

There is nothing wrong in approaching police for getting  a solution to this but you should bear it in mind that by doing the whole relationship between them and you both will be totally discarded or strained beyond salvage.

You can even file a domestic violence case against your MIL and BIL seeking relief or return of your valuable items held by them and also for protection and compensation from them.

 

T Kalaiselvan
Advocate, Vellore
87426 Answers
2348 Consultations

1. A complaint for theft can be filed by you and your husband against them in the jurisdictional police station.

2. Let police enter the house and recover the documents.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

You do not involve directly.

Let your Husband lead the issue.

He can file police complaint on his Mother & brothers since they have taken away his documents & laptop etc.

You can take help of your relative cop.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

- Since , they are creating problems in your married life , then you should lodge a complaint before the magistrate firstly with the police and if no action , then file a complaint before the court/magistrate under the provision of Domestic Violence Act , to teach them a lesson. 

- No documents needed except complaint and proof of marriage .

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

You should contact this person who is your relative and tell him to help in this situation. File  criminal complaint against them for harassment and domestic violence. Ask your husband to cooperate with you.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

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