• In-laws mental harassment

Hi,

I'm frazzled with my mother-in-law's conversations with my husband.
She is always worried about money. She questions about my salary and questioning the amount I send to my parents.
After marriage she has multiple times mentioned(in conversation with me and my family) that her son should have married some one else who will bring in money(as dowry).

Though, I've enough support and care from my husband. I'm very much upset with my in-laws.
I currently stay in US and in-laws stay in India.

As per Indian laws, I would like to know if I can take any legal action against such stupid behavior. 

Thanks!
Asked 3 years ago in Family Law
Religion: Hindu

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14 Answers

You have many laws in your favor but such law equally work against husband. You husband is not your side any action against mil will definitely involve him and you may lose his support. As she is not with you there no need to take her seriously. Just ignore her. Indifference is worst punishment. For you knowledge I am forwarding law that the in your favor. I pray no need will arise for you to use them.

You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

  1. Under Domestic Violence Act, 2005—
  2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
  3. Protection order prohibiting husband from—
  4. committing any act of domestic violence;
  5. entering the place of your employment;

  • attempting to communicating with you;

  1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
  2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
  3. Monetary reliefs:
  4. To meet the expensed incurred and losses suffered as a result of domestic violence;
  5. Loss of earnings;

  • Medical expenses;

  1. Maintenance for wife and children;
  2. Lump sum payment.
  3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.

  4. Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child.

  5. Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
  6. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.
  7. Hindu Minority and Guardianship Act, 1956: father is natural guarding of boy or girl. Till the age of five years, custody will be with mother with visiting rights to father and after 5 years it will be with father with visiting rights to mother.

Employed or not, he is bound to pay for maintenance of his son. It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony compensation running into lacks. His son has right to share in his property.

It is strongly advised that you should…

  1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
  2. Restrain him from house transferring as the same belongs to you son.

 

Ravi Shinde
Advocate, Hyderabad
4195 Answers
42 Consultations

You can initiate DV case and even file FIR of 498A (dowry).

 

But this action will upset your support and care from husband. 

 

Because you will also not like if he file some case on your parents. 

 

So better talk to your husband and you can warn your mother-in-law. 

 

If it still not work then better send legal notice by lawyer which is soft warning before hard action. 

 

Notice will definitely solve your problem. 

Ankur Goel
Advocate, Bangalore
454 Answers

You have a remedy under the domestic violence act in India.

However, it is advisable that you send her her a legal notice to her as a warning and to cease and desist from any similar activity in future; before you file any case against her. 

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Dear Ma'am,

1) In such a situation you can ask your husband to talk to his mother and make her understand that such comments are not welcome.

2) You can yourself confront her, and tell her to stop this harassment.

3) If your in-laws are harassing you for dowry you can file complaint under Section 498-A, Indian Penal Code

This section covers the cruelty committed either by the husband or by any relative of the husband against a woman. The cruelty may be physical or mental.

Thank you

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

Dear Querist

You can take action against them under the provisions of the Protection of Women From Domestic Violence Act-2005 but first of all, think about your husband whenever he got the information that your matrimonial life may be disturbed.

if you are ready to take this risk then go ahead otherwise forget them and live your life with your husband and be happy.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

I advise from the reality point of view, that as your husband supports you, it's is half your battle won. She has said those things to him. It is not easy but try to ignore it. Tell your husband or some person whom your MIL listens to, to not say such things.

Legally you can file a case under domestic violence act against her, but it is a long drawn affair and will give you more pain as you will be estanged from your husband. 

Megha Girish Wagh
Advocate, Pune
10 Answers

Cases can be filed against the in laws but it would destroy your relationship with your husband who is supportive and understands the situation.

A domestic violence/ not physical but mental case case be filed along with cruelty and harassment.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Until and unless you are directly attacked by yor mother in law in this connection it would be better that you remain silent about these things and allow the things to develop.

Any legal step you may intend to initiate against your mother in law may strain your marital relationship with your husband who is so far very kind and cooperative with you.

You keep him informed about such issues and the periodical developments. 

When the things can be handled properly now, these thing are very simple hence in my opinion, any legal action that you desire to take agaisnt your mother in law in this regard may complicate the issue and have an adverse impact on your married life. 

However the legal options before you is that you can file a DV case agaisnt her for the mental tortures she is unleashing against you but you may have to gather evidences to support your pleadings and allegations against her. 

As the DV case is a quasi civil case, she may not be punished for such acts except for warnings. 

T Kalaiselvan
Advocate, Vellore
87119 Answers
2338 Consultations

You can file case of dowry harassment against your in laws under section 498 A of IPC read with section 2,3 of dowry prohibition act 


You can file case of dowry harassment against your in laws under section 498 A of IPC read with section 2,3 of dowry prohibition act 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

Looks like your husband is in our side and it alone matters most.

As long as he is with you ignore the other issues which are common in every household.

There is no legal solution to your query. Any intervention through legal recourse would jeopardise the situation. 

Devajyoti Barman
Advocate, Kolkata
23216 Answers
514 Consultations

- As per law , interference from the in-laws is not allowed in the matrimonial life .

- Since, you are getting support from your husband , then you can file a compliant against in laws even online. 

- Further, you can file dowry case against them as well. 

- Further, legally they cannot ask for your salary /income . 

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

Yes, you can file FIR against her but don't take your husband's name in it. 

 

It's 498A dowry criminal section.

 

And mental harrasment too.

 

But before filing case do concern with your husband and warn your mother in-law.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

1. If you were a resident of India then you could have filed complaint case under DV Act, 2005 to seek protection order and injunction against your mother.

2. However, as you are a resident of US you do not have a cause of action under DV Act in India.

Ashish Davessar
Advocate, Jaipur
30773 Answers
972 Consultations

1. Everybody acts as per her education, environmental upbringing etc. and your mother in law is acting the way she was once acted upon considering that this is the way to treat daughter in law. 

 

2. It is clear that she has not updated herself.

 

3. Since your husband is not a party to such though and you are staying oceans away from your mother in law there is no reason why you should think of taking legal action against her which might spoil your matrimonial harmony.

 

4. Moreover her stated action does not attract any provisions of law  to take jer to Court/

Krishna Kishore Ganguly
Advocate, Kolkata
27457 Answers
726 Consultations

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