Dear Madam,
You can file Domestic Violence cae against yur mother in law only as follows and teach her as lesson.
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Section 3 of Domestic Violence Act
What constitutes Domestic Violence and are considered illegal?
- Definition of domestic violence.—For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it—
(a) harms or injures or endangers the health, safety, life, limb or well‑being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person. Explanation I.—For the purposes of this section,—
(i) “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;
(ii) “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;
(iii) “verbal and emotional abuse” includes—
(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and
(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested.
(iv) “economic abuse” includes—
(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and
(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household. Explanation II.—For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence” under this section, the overall facts and circumstances of the case shall be taken into consideration.
Dear Madam,
There are several enactments in favor of married women. You must show heat of the litigation to your husband and mother in law otherwise you cannot sustain in such unbearable atmosphere. You can file Domestic Violence case.
Further, she can also file an application under Section 12 of Domestic Violence Act, thereby seeking compensation for mental harassment. In case she requires residence, then she can file application under Section 19 of the said Act for seeking right to residence.
In addition to aforesaid, in case she desires maintenance then she can file a case under Section 125 Cr.P.C., thereby seeking maintenance.
Domestic violence and abuse
Domestic abuse is behaviour from a family member, partner or ex-partner that:
- is controlling, coercive, threatening, violent or abusive
- happens between people aged over 16
Domestic violence and abuse can happen to men or women. It includes the following types of abuse:
- psychological
- physical
- sexual
- financial
- emotional
Domestic violence and abuse can include harassment, stalking, female genital mutilation, forced marriage and honour-based abuse. It can also include trafficking - get help if you think you've been trafficked.
If you've been affected
If you are the victim of an abusive relationship, you might want to:
- find somewhere safe to stay
- stay in your home and get the person who is harming you to leave
- report the violence to the police
- get a court order to stop your abusive partner from harming or threatening you
- take legal action
- get help from a charity or another organisation
Whatever you want to do, there are organisations that can give you advice and help.
Finding somewhere safe to stay
You may need somewhere safe to stay, either alone or with your children. You could:
- stay at home - if you think this is safe
- stay with relatives or friends
- stay in a refuge
- get emergency accommodation from the local authority under homeless persons law - this will usually mean a bed and breakfast hostel
- get privately rented accommodation.
Finding a refuge
Refuges provide somewhere safe for people and their children to stay and think about what to do next.
Staff at refuges are specialised in dealing with domestic violence, and so can give a lot of emotional and practical support, for example, advice on benefit claims, which solicitors to use and, if necessary, how to contact the police.
If you're a woman you can call the National Domestic Violence Helpline on [deleted], (see Domestic violence and abuse - organisations which give information and advice for other ways of contacting them).
Helpline staff will do their best to find you somewhere safe to stay that night even if the local refuge is full. They are also happy to talk about any questions they have about refuges.