Return of 498a complainant to matrimonial home
indistrress
(Querist) 22 April 2016
This query is : Resolved
My daughter in law married to my son for 9 years filed for permanent custody of our 5 year old grandson in Sep 2015. Before the petition could be heard, she filed for interim custody in December 2015. She was doing all this, while stationed in Germany where she had gone on a job assignment. During her absence for 14 months, we the grandparents took care of the child along with my son. Because of the impending school admission of the child early 2016, the sessions court granted her 10 days interim custody in December when she had come down to India on leave, when she took the child for a holiday, along with her mother. She returned permanently on 1st April 2016 and started to misbehave and abuse my son in front of domestic help, the child etc. On the 5th April, she forcefully and unlawfully grabbed the child and filed false charges against my son and us (in laws) for torture (mental and physical) and also filed a 498a complaint in the local PS.
The next day, we filed a petition in the court against this unlawful snatching away of the child defying court order of January 2016, wherein it is clearly said that the father is the legal guardian of the child.
Now, the court, has decided to grant joint custody to the parents (4 days with father and 3 days with mother, etc) .
My question is can my daughter in law return to her matrimonial home along with the child, even after she has filed 498a charges against the same husband and in laws?
The police have come and visited our home on several occasions earlier and have found nothing wrong with the family. They have not initiated any inquiry against this 498a complaint also?
Sudhir Kumar, Advocate
(Expert) 23 April 2016
My daughter in law married to my son for 9 years filed for permanent custody of our 5 year old grandson in Sep 2015. Before the petition could be heard, she filed for interim custody in December 2015.
YOU HAVE NOT NARRATED HOW THE THINGS HAVE GONE BAD TO THIS LEVEL.
ANYWAY THIS WAS HER RIGHT TO FILE CASE FOR CUSTODY
Sudhir Kumar, Advocate
(Expert) 23 April 2016
She was doing all this, while stationed in Germany where she had gone on a job assignment.
BEING AWAY FROM INDIA SHE DOES NOT LOSE RIGHT OF CUSTODY
Sudhir Kumar, Advocate
(Expert) 23 April 2016
During her absence for 14 months, we the grandparents took care of the child along with my son.
NOTHING ABNORMAL
Sudhir Kumar, Advocate
(Expert) 23 April 2016
Because of the impending school admission of the child early 2016, the sessions court granted her 10 days interim custody in December when she had come down to India on leave, when she took the child for a holiday, along with her mother.
NOTHING WRONG
Sudhir Kumar, Advocate
(Expert) 23 April 2016
She returned permanently on 1st April 2016 and started to misbehave and abuse my son in front of domestic help, the child etc.
RETURNED TO WHERE?
Sudhir Kumar, Advocate
(Expert) 23 April 2016
On the 5th April, she forcefully and unlawfully grabbed the child and filed false charges against my son and us (in laws) for torture (mental and physical) and also filed a 498a complaint in the local PS.
YOU ARE USING THIS WORDS “ FORCEFULLY AND UNLAWFULLY GRABBED THE CHILD”
YOU ARE USING THESE WORDS FOR MOTHER OF THE CHILD.
I BELIEVE THIS IS THE SAME LADY WHO CAUSE DELIVERY OF THE CHILD TO EARTH
HOW IT WAS ILLEGAL?
IF IT WAS ILLEGAL WHY YOU NOT APPROACHED POLICE.
WHY SHE FILED 498A CASE NOW ONLY?
WHAT POLICE DID ON HER COMPLAINT?
Sudhir Kumar, Advocate
(Expert) 23 April 2016
My question is can my daughter in law return to her matrimonial home along with the child, even after she has filed 498a charges against the same husband and in laws?
THERE IS NO PROVISION OF LAW THAT A LADY HAS TO BE EXPELLED FROM HOUSE JUST BECAUSE SHE GAVE A COMPLAINT TO THANA
SHE HAS NOT LOST HER RIGHT TO LIVE IN YOUR HOUSE (REGARDLESS WHO OWNS THE HOUSE)
EFFORTS TO REMOVE HER SHALL AMOUNT TO DOMESTIC VIOLENCE
indistrress
(Querist) 23 April 2016
Thank you for your response. Regarding your other queries, the story is tool long for me to be able to narrate everything here. However, my primary query was this and you have responded. Thanks again.
P. Venu
(Expert) 23 April 2016
A married woman has the right to stay in the matrimonial home so long as the marriage is subsisting.
If the alleged complaint under IPC 498A is false, it amounts to cruelty in marital relationship.
Things may have gone wrong, but it appears that options for reconciliation still exist. As the father-in-law, onus rests with you do all that is possible to save the marriage, esp in the welfare of the grandchild.
indistrress
(Querist) 23 April 2016
Dear Shri Venu
First of all thank you for your response. This marriage is irreconciliable - my son has tried every possible way to stop the breaking of the marriage - but unfortunately mu daughter in law does not want to continue with this marriage - yet she has not yet filed for matrimonial suit but filed for permanent custody of the grandchild.
we could never imagine that this pretty girl can be so abusive, violent-tempered, manipulative and prone to saying stark lies with a straight face. Yet we loved her with all our heart - as if she was our own daughter.
Be that as it may, to gain custody of the child (who is extremely attached to us as grandparents), she has also implicated the in-laws and filed a false allegation with the police that we wanted dowry/torture her (after 9 years of marriage!) and more.
Needless to mention, her 498a allegations are all false and it is matter of time that it will be thus proved., I just wanted to know whether in the meantime, she can re-enter our house and torture us again by abuses.
My son is in the process of filing for divorce.
Rajendra K Goyal
(Expert) 23 April 2016
Since the case of 498 has been filed, go for anticipatory bail.
Discuss all aspects with your lawyer and proceed with legal battle which is time and money consuming.
Take help of common family friends and try to have mutual consent divorce if marriage can not be continued.
Devajyoti Barman
(Expert) 23 April 2016
Wife has right of residence in the matrimonial home but only with the order of court.
Moreover to get such residence order she must have to establish that the husband is the owner or co-sharer of the matrimonial home.
indistrress
(Querist) 23 April 2016
This throws a new light to my query. I hot to know from previous responders that a woman has every right to enter and live in her matrimonial home even if she has lodged a complaint with the thana.
From your response I get to know that she can do this only with a court order.
Thanks a lot.
Sudhir Kumar, Advocate
(Expert) 25 April 2016
lodging of complaint is thana is not a crime (unless proved wrong in trial)
she cannot be punished with by expulsion from home even just because she made a complaint.
I repeat the views of Mr Venu as under :-
"A married woman has the right to stay in the matrimonial home so long as the marriage is subsisting."
This type of approach is offender friendly and cannot be allowed by law.
As per Domestic Violence act a complainant woman cannot be compelled to leave matrimonial home and has a right to seek safety in that house itself.
No court order is needed by her to continue living in that house and no court order is needed by her to shift to another house.
If we were in Taliban ruled Afghanistan then I could agree that a lady can be jailed for escaping matrimonial torture.
