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Shilpi Singhal (Housewife)     29 December 2014

Really confused

Gud Evening Sir,

 

I really need an urgent help as getting sleepless nights. My brother had a love marriage last year and they are staying in a DDA flat in West Delhi with my mother (father is no more). I am also married and staying in Ghaziabad with my husband who is a businessman. My bhabhi is very dominating and control all the home. She often had altercations with my mother. My mother is a disabled lady and a widow. Due to all the pressure from wife, my brother only listens to his wife. My mother is living as a maid despite my bhabhi being homemaker. She and her parents often threat my brother and impose false allegations in front of society if he will support my mother. The house is in my name and I am paying the homeloan EMIs. The said house was purchased long back and I have used my brother's funds to make the downpayment. He has a negative CIBIL score and had not got the loan passed in his name so he used my credibility to secure the loan. I have not made my husband aware about this property as suggested by senior maternal relatives.

 

Due to the inhuman nature of my bhabhi, we have consulted a lawyer but he said that wife can file lot more cases on my brother, mother, me and my husband if we go legal. 

 

Please help in advising if all her life my mother has to suffer. 



Learning

 14 Replies

SuperHero (Manager)     29 December 2014

 

"God helps those who help themselves"

Ask your Brother to Grow Up and be like a Man. It is courage that is needed at the moment to help or correct the situation.

If not move your Mother to another apartment and all stay Happy, No complaints. But your Mother will suffer with loneliness, again there is suffering too because she will be alone.

 

On Another note – how does your husband doesn’t know even though you are paying the EMI’s.

 

Shilpi Singhal (Housewife)     29 December 2014

Is this the only solution available?

Why should my mother leave that house and why not my brother and bhabhi? Do they have any right on this property when it is in my name.

 

Q Slinger (NA)     30 December 2014

Please join Save Indian Family immediately. You will get the necessary counseling and solutions on how to deal with this situation.

https://www.saveindianfamily.in

Or call the helpline number 0888-2-498498


(Guest)
Originally posted by : Shilpi Singhal

Gud Evening Sir,

 

I really need an urgent help as getting sleepless nights. My brother had a love marriage last year and they are staying in a DDA flat in West Delhi with my mother (father is no more). I am also married and staying in Ghaziabad with my husband who is a businessman. My bhabhi is very dominating and control all the home. She often had altercations with my mother. My mother is a disabled lady and a widow. Due to all the pressure from wife, my brother only listens to his wife. My mother is living as a maid despite my bhabhi being homemaker. She and her parents often threat my brother and impose false allegations in front of society if he will support my mother. The house is in my name and I am paying the homeloan EMIs. The said house was purchased long back and I have used my brother's funds to make the downpayment. He has a negative CIBIL score and had not got the loan passed in his name so he used my credibility to secure the loan. I have not made my husband aware about this property as suggested by senior maternal relatives.

 

Due to the inhuman nature of my bhabhi, we have consulted a lawyer but he said that wife can file lot more cases on my brother, mother, me and my husband if we go legal. 

 

Please help in advising if all her life my mother has to suffer. 

Both will know all weakness of each other, and after marriage both try to make use of each others weaknesses.  Take divorce if cannot handle love marriage.  Or listen to wife life long as did mistake in first place of getting love marriage.  Ask your mother to file domestic violence case against dotter in law in magistrate court, and give complaint against son and dotter inlaw in police station that they are harrassing senior citizen.  Both will run away. At least mother needs to be happy in old age.  He has no right to give trouble to old aged mother and to you like this.  He should be gone off with his headache wife to some separate accomodation if he has any shame left in him or learn to keep wife under control.  What love, what marriage. Shame.

SuperHero (Manager)     30 December 2014

Love marriages have Problems, Arranged Marriages too have Problems.

Life itself is a Problem.

https://www.naturalthinker.net/trl/texts/Yajnavalkya/Brihadaranyaka.html

Yajnavalkya said

 

"It is not for the sake of the husband, my dear, that he is loved, but for one's own sake that he is loved. It is not for the sake of the wife, my dear, that she is loved, but for one's own sake that she is loved. It is not for the sake of the sons, my dear, that they are loved, but for one's own sake that they are loved. It is not for the sake of wealth, my dear, that it is loved, but for one's own sake that it is loved. It is not for the sake of the Brahmana, my dear, that he is loved, but for one's own sake that he is loved. It is not for the sake of the Kshatriya, my dear, that he is loved, but for one's own sake that he is loved. It is not for the sake of worlds, my dear, that they are loved, but for one's own sake that they are loved. It is not for the sake of the gods, my dear, that they are loved, but for one's own sake that they are loved. It is not for the sake of beings, my dear, that they are loved, but for one's own sake that they are loved. It is not for the sake of all, my dear, that all is loved, but for one's own sake that it is loved. 

Suraj Kumar (Business)     30 December 2014

I am afraid with the quality of suggestions given on this forum. It is not about blaming anyone for the wrong he did but to correct the situation. Life is full of chaos and one should be a constant watcher in streamlining the things.

 

On the above situation, legal things can only worse the situation. It is your brother who has to take a bold step and should divide the responsibilities. My observations so far:

 

1. Your mother cannot claim any relief under DV Act except maintenance. The same can also be claimed under CrPC 125 or HAMA 20 (3). Since I do not see that you are worried about any monetary issue so this is not advisable.

 

2. Your mother could not get any rights to residence if she files any complaint under DV act as I assume that your brother is not paying any rent to you. If he is paying any rent to you for the said property, your mother has all the rights to get the residence order and  considering the situation, magistrate can also restrain them to enter such property. Again not a solution as she will have to live a lonely life without any care at this age.

 

3. Your brother has no major matrimonial issues so divorce is also not advisable. If he is happy with the dominating lady, let it be.

 

4. Your mother alone would not be able to tackle all the legal battle and she would certainly need a support from you and you in turn will need support from your husband. But you had also mentioned that your husband is not aware about your property so it's your take how you want to proceed further. 

 

You haven't mentioned your relations with your sister-in-law. As of now, I feel that you all should sit together, understand the issue and move towards resolving it. And if it doesn't turn out to be positive, a simple complaint by your mother to Human Rights Commission will also do.

Shantanu Wavhal (Worker)     30 December 2014

we have consulted a lawyer but he said that wife can file lot more cases on my brother, mother, me and my husband if we go legal. 

 

 

ur lawyer has advised you correctly.

a wise man should not climb the stairs of court ... atleast in India

H.M.Patnaik (Proprietor)     31 December 2014

who is dragging you create legal issues if it can be solved through amicable discussion.

T. Kalaiselvan, Advocate (Advocate)     31 December 2014

If  the issues are really beyond control, better take necessary legal actions as per law to throw your brother and his wife out of the house that belongs to you, or if you want suggestions to cunningly get your brother and sister in law out of the property, better do not approach this place which will not guide you to wrong things.

Anil Upadhyay (Lawyer)     01 January 2015

You are the owner of the property and can throw out both your brother and his wife. You have to take hard steps, it is true that she can file many cases as suggested by lawyer, but by precautions and by use of law you can stop your sister- in -law harassing your mother.

contact good lawyer and plan it out.

advocateanilupadhyay@yahoo.com

9582645555 (Mayur Vihar, East Delhi)

K.K.Ganguly (Advocate)     01 January 2015

1. Let your mother file a DV case against your Bhabi, if you are serious in stopping her such acts,

 

2. You can also file an eviction suit against your brother and his wife.

Steven (Support)     11 January 2015

Hi everyone, 

I have been reading the posts here.. and one thing that i would like to know.. Is the law not equal for all.. Does the female gender have any special law that the male gender is suppressed... or does the male gender have equal law support as the female gender. Its just a thought... I AM NOT TRYING TO POINT OUT NEGATIVES AT ANYONE OR ANYTHING.. JUST WANTING TO GET INFORMATION...

 

Thanks

CompelledToLearnLaw (Financial Examiner)     11 January 2015

Relying on a Supreme Court verdict, the judge said, “It is held that the daughter-in-law has no right in a property which exclusively belongs to her parents-in-law and such a property cannot be treated as a shared accommodation.” 

Reference:

https://indianexpress.com/article/cities/delhi/delhi-court-daughter-in-law-has-no-right-in-parents-in-laws-property/

 

Also see:

https://timesofindia.indiatimes.com/city/mumbai/Woman-too-can-take-daughter-in-law-to-court-under-Domestic-Violence-Act-HC/articleshow/43480213.cms

Q Slinger (NA)     12 January 2015

Steven: Few laws in India are quite biased. Laws like 498a, Domestic Violence Law, Maintenance, child custody, rape law and the most ridiclous one of them all, rape on the false promise of marriage.

 

All these laws were introduced to appease the women vote bank! Our politicians are sell outs! 


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