Torture and harassment by daughter in law
Hello Sir/Mam, I am sharing the details about our case. 1. My father has two children, one daughter and one son. (I and my brother). 2. In Feb 2012, my brother got married. 3. From the very start, she (my sister in law) was demanding the property, owned by my father and mother. 4. In Dec 2012, my father debarred his son and daughter in law from his property, because she always tortures him for that. 5. Still, She fought every day for money and property. She knew few local bad people who are usually involved in bad activities. She used to meet with them every day and planned to get the property. 6. In 2014 my brother started living separately but his wife was not ready to go with him. She kept on living with my parents in their home and threatening them. 7. In May 2014, she attacked my mother with intention to kill her. She fractured my mother. We filed a complaint against her under section -324/325, she is out on bail. 8. After few days, she filed a dowry case against all of us, and she threw my parents out of their own house and started leaving alone in my father’s house. Local police and SHO supported her and did not listen to us. 9. My parents started living on rented house in order to save their life. My mother filed a DV case against her. 10. After that whenever we try to enter the house: - She makes false allegations on us and make false police complaints against us. She harasses us physically and mentally. She threatens us that she will get us into false allegations. - She throws utensils on me and my mother and hit us with utensils. - She has got support of some local goons. They also threaten us. - She locks kitchen and bathroom and she does not let us use our own basic facilities in the house. 11. My parent age is around 59. My father is a retired person. My parent file a complaint against her in SDM court under Maintenance and Welfare of Parents and Senior Citizens Act, 2007. My brother is always ready to bring her with him and maintain her in whatever he earn but she again refuses to go with him. SDM also said he can’t do anything. 12. In police station no one is ready to listen us. My Parents only want their home back, they can’t live on rent anymore. As far as my sister in law is concerned she should live with my brother or at her mother’s home because the property belongs to my father and she is illegally try to capture the property. Leena Chauhan firstname.lastname@example.org
Your parents have to file case for possession. Else can start residing in their own house. The property is owned by your parents. As pwr recent judgement of supreme court "daughter in law can not claim right to reside in matrimonial house against wish of her in laws.
as per law if the property or house is owned by your father with their own source or we can say its no at parental property.
than there is no rite to your sister in law to taje possession of that house.
you can file a case for the same and your can vacant that home by couert order for your parents.
There are n number of ways to approach the abovementioned problem. But proving a case needs evidences and witnesses. Otherwise, it remains your word against her word - when it comes down to verify the authenticity of circumstances. As far as evidence is concerned, the victim can once again approach the accused in their house and try and have all such happenings recorded in an audio or a video format. Also, ask your neighbours also – to be surprisely present at the moment – at the time of such ongoings.
Referring to point no. 7 of the query so asked – In cases involving ill will or bad intention, Generally it gets difficult to prove the motive behind such an act – for which one needs the help of witnesses or circumstances (at the moment + over a period of time). However, you can press the same matter again, which will certainly make her (the accused) a habitual offender in the eyes of law. Thereby, giving her a harsh punishment this time.
On points 8 & 12 – Coming to the police issue, let me inform you about the current status of abuse of police power. The Police with a straight jacket formula does not listen to one, in an easy manner + doesn’t register an F.I.R. For this, what one can do is – make a copy of the complaint and send it to the Superintendent of Police of the area via registered post. So that, tomorrow in court – the police cannot refute the acknowledgment of such events in their neighbourhood. Also, a writ is maintainable against the police as a whole in the Hon’ble High Court of your state. For which, one can directly approach and file it before the High court.
In terms of informing the authorities and seeking a remedy, one can directly file a complaint directly before the Judicial Magistrate of the concerned Thana under Section 200 of the Code of Criminal Procedure 1973. It is done, in similar circumstances when the police refuses to register F.I.R.
On point no.9 – With regard to the already registered Domestic Violence case in the court of law, things like you are being thrown out of the house – will inturn help you and are in your favour. Now you have a strong case on proving domestic violence along with the evidences. Evidences in the form of – (1) being thrown out (2) living under someone else’s roof – to which your new landlord will testify (3) she is living alone in the family house (4) no step has been taken in bringing the parents and the elderly back to their house.
Point no. 11 – When the SDM says in his/her written order that he/she is unable to help you in a matter like this. You can challenge this order in the court also, mentioning the gross injustice being done to you.
One more remedy comes from the Rent control Act of your respective state. Get your son legally evicted from your own house, along goes the wife. Wife will have no legal defence to stay in in-laws house without her husband living there. Your son anyways is not living with you. File for eviction, in the concerned court of law. There is a judgement of the Hon’ble Delhi High court on this point, saying “Where the house is self-acquired by the parents, the son, whether married or unmarried, has no legal right to live there. He can live only at the mercy of his parents up to the time they allow it”.
All these things might suggest at one point that the marriage is also in shambles. Thus, you can move the court for either divorce or Judicial Separation (living separately for some months time period that might help ease the situation a little bit).
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