Domestic voilence act against sister in law and her husband
Preeti
(Querist) 14 September 2012
This query is : Resolved
Here is my Story:-
I am a mrried women with 1 years old daughter. This is my 2nd marriange so is my husband's. I stay in a joint family from past 9 months with my Mother in law , my Devar and Husband. Every thing was going fine Few months back my sister in law and her criminal husband came to stay with us stating that they will be here for few days , There after they never left. My Sister in law started torturing my daughter , fighting with me and husband to leave the house as they dont like me and its my 2nd marriage . She would loose open the dogs which actually bit me as well, she woul ofetn lock the doors and make me stand out , My husband fought lots of time for us that dont disturb but they would ot listen , some time back she hit my daughter and me , I complained but nothing happened , on 3rd Sep I came back after leaving my daughter to my maternal home she along with my mother in law had locked all my rooms and denied access , I called up my husband who was unaware , he fought for the keys but my sister in law told him tht We should leave from the house as the house belongs to her mother and she wants us to leave , She even took the cash from uS . we stayed in hotel for 10 days after this we filed DV act . Here are my questions.
1) What will be the next step
2) When she threw me out of the house I was pregnant as a Result I got aborted
3) She has taken Rs 2 Lack from me and demand money which I have recording of
4) She has IPC 408/468/471 against here in High court and she is on anticipatry Bail
5) her huband would ebter the room drunk and would threaten to kiil us and beat my husband , he has multiple cases of 307 / ARMS act / 25 and have spent 10 months in jail and bail.
6) They have there house and lots of Land and do ot wish to go back as the house belongs to mother in law
7)I fear tht they can poison me as they have made my rooms as common passage
8) I fear when the summon will go to them they will beat me ..
What do I do and waht are the possibilities
ajay sethi
(Expert) 14 September 2012
obtain a protection order from court . you have aright to stay in your matrimonal home .
you can also seek comepnsation
please note that if house belongs to your mother in law exclusively and your husband does not have share in same house then it is not your matrimonal home .
since your husband is with you why you want to stay in your mother in laws flat . stay in a rented accomodation or buy another flat and live pecefully .
Preeti
(Querist) 14 September 2012
Thanks..My husband and I are th olyearning memebr of the family .. He cannot leave th house else from where rest of the family will eat. the house is in the name of my decesead father in law and mother in law. we live in he portion in my fathr in my father in law name. We want to stay peacefully is there a way the court can actionas they both are criminals
ajay sethi
(Expert) 14 September 2012
if property was standing in name of father in law and mother in law and father in law has died intestate then your husband is one of legal heirs of the property . obtain protection order from court in Dv case
Preeti
(Querist) 14 September 2012
Thanks...Can i gt a restraining orderagainst my sister in Law and her husband as thy are criminals
2) I learnt that if the matrimony home is shared irrespective of being in anyne else name a bride cannot be evicted. Is my interpretation rong
ajay sethi
(Expert) 14 September 2012
you cnanot be evicted as it is your matrimonal home and your hsuband has share in said flat .
Dv court will grasnt you a protection order
Preeti
(Querist) 14 September 2012
I need help with 2 things
1) What happens to my sister in Law and Sister in laws husband who have multiple court cases
2) What if I m not too sure on whom names is th property
it is for sure it is a sharedhousehold
V R SHROFF
(Expert) 14 September 2012
WHERE WERE THEY USED TO RESIDE BEFORE THEY ENTERED THIS HOUSE??
If they have alternate accommodation, and you have none, pray for your residential accommodation, and d v act will protect your right to use shared household and residence. Highlight their criminal record and your apprehension of danger to your life.
Complain to Police in advance that your criminal BIL will kill you, threatening you to go out of home or will kill you.
Preeti
(Querist) 14 September 2012
Thanks my questions are
1) What are the options that court has keeping in mind I have evidences of court cases and arms act against my sister in law and her husband.
2) What if the house is in my mother in law name , and its a shared house hold will I still be evicted
V R SHROFF
(Expert) 14 September 2012
Once used as Mat home, you cannot be evicted.
Preeti
(Querist) 14 September 2012
Thanks MR. Shroff and ajay Sir, I have no place to go , Although my Sis in Law and BL have there house in Punjab and huge lands and they stay there , but want me and my kid to go out so that they can get a permamnet accomodation here as tehy already have cases against them
have highlited the court cases what options will court have , also the house is in my Mum in law name , well I am not too sure , will I have to Vacate if its in my mother in law name
ajay sethi
(Expert) 14 September 2012
you are confusint the experts . on one hand you say property is in name of your father and mother in law and that your father in law is dead and now you say thatb property is in name of your mother in law . better consult your lawyer . let him got hrough your case papers and advise .
the fact that criminalc ases are pending aginst your brther in alw and sister in law will help you in getting aptrotection order .
QUERY IS RESOLVED
ajay sethi
(Expert) 14 September 2012
you are confusint the experts . on one hand you say property is in name of your father and mother in law and that your father in law is dead and now you say that property is in name of your mother in law . better consult your lawyer .
let him got hrough your case papers and advise .
the fact that criminal cases are pending agAinst your brOther in LAW and sister in law will help you in getting aptrotection order .
QUERY IS RESOLVED
Preeti
(Querist) 14 September 2012
Thnks very much sir...I have never seen the property papers but I think that it was joint property , However I know for sure tht thee are criminal cases against them. I am taking a worst situation where the property is in my mum in law name
Sudhir Kumar, Advocate
(Expert) 14 September 2012
You need not see tha papers. As stated above, it is your matrimonial home. You can get protection against both of them under domestic violence act whereas your husband can't.
Sudhir Kumar, Advocate
(Expert) 15 September 2012
Further, generally if daughter and son-in-law commit atrocities on son and daughter-in-law, they have the support of mother in carrying out their torture.
Is your MIL an exception.
Preeti
(Querist) 17 September 2012
sir ,
she is no an exception , I cannot book her as she is very old but vey loud she is one of them.. I am just stuck
Sudhir Kumar, Advocate
(Expert) 17 September 2012
If you do not book her then make sure that your sister-in-law adn her husband have a very strong witness to defend and they can easily punture your allegations.
If you have pity on her age then forget about any action.
I dea your other questions as under :-
1) What will be the next step
Ans : Already discussed.
2) When she threw me out of the house I was pregnant as a Result I got aborted
Ans : It is criminal offence
3) She has taken Rs 2 Lack from me and demand money which I have recording of
Ans : is it dowry demand
4) She has IPC 408/468/471 against here in High court and she is on anticipatry Bail
Ans : Not of very high consequence.
5) her huband would ebter the room drunk and would threaten to kiil us and beat my husband , he has multiple cases of 307 / ARMS act / 25 and have spent 10 months in jail and bail.
Ans : A criminal offence. As per DV act he can be evicted.
6) They have there house and lots of Land and do ot wish to go back as the house belongs to mother in law
Ans : Which house are you talking about.
7)I fear tht they can poison me as they have made my rooms as common passage
Ans : Use criminal action against them. How your room is common passage
8) I fear when the summon will go to them they will beat me ..
Ans : the type of allegations you are speaking is not a summon matter. Such persons are generally picked up when you make call at 100.
