quesSon and daughter in law shifting. If they fight can we be responsible?

My son and daughter-in-law are shifting out from our joint family as the daughter-in-law is unable to adjust. I want to know if in future they have trouble in the marriage are there any chances that we might be in trouble? How can i safeguard myself from this?

  • ansIf they are shifting out of their own accord, then there is nothing that should worry you. It is a very common 'social issue' presently.

    Right now your query is based on future eventuality; if at all a matrimonial dispute arises between your son and daughter-in-law. Precise advice can be given on precise facts. Facts presently are uncertain, that is, it is not certain that a matrimonial dispute will arise or that there 'personal' dispute will entangle you as well. As of now they are shifting out because of non adjustment.

    However, law is pretty settled on the point of husband-wife dispute and responsibility of in-laws. Wife at best can ask for share in property etc. 'only' from husband and not from in-laws. Meaning thereby if you own a 'joint family property' only then your daughter-in-law may ask for a share in that and if at all she claims her share, her share will be given out of share of your son(husband) and your (in-laws) share will remain unaffected. A person gets his/her right in joint family property by birth. Your daughter-in-law has right, if any, in your jointly owned property (if that's the case) by virtue of marriage in your family. Same is the case with your son; he can not ask for a share from your 'self acquired' property. Self acquired property gives absolute ownership rights to the owner. Please note that concept of 'joint family property' is only recognized under Hindu Laws.

    If your daughter-in-law chooses to initiate criminal proceedings against you as in dowry or cruelty etc. Law again is in your favour, there can not be automatic arrests in cases related to matrimony now. After a detailed and thorough inquiry by a senior police official(rank of ACP at least) coupled with the order of the Supervening Magistrate (Judicial officer/Judge) after a hearing, only then criminal proceedings may be initiated against you. If the complaint of your daughter-in-law is found to be frivolous or vexatious, proceeding may be initiated against her.

    Your situation presently can be handled just by staying out of your son and daughter-in-law's life. Although it may sound a little harsh but it's a practical thing to do right now. Let them decide what to do and what not to do. Your safeguard presently is limited to this remedy only. No interference whatsoever from your end.

    Should any problem or issue arise in future, I am always available to attend to your query.

    Advocate Nishant Rai

      Greater Kailash-1, Delhi

  • ansThe query is too vague so there can't be a specific answer. All depends on the facts. I assume that you will not be calling your daughter in law or insuring their new residence. If so, the chances of any allegation cannot be ruled out but it's standing in law would surely be very fragile.

    Best

    Advocate Kunal Sabharawal

      Panchsheel Enclave, Delhi

  • ansIts better for you that they live separately as in case any dispute arises between them, you are protected to certain extent as you are not staying together. Fact remains that you cant really predict what is going to happen in future so better be safe than sorry.

    Advocate Jiwan Pal Singh

      Tis Hazari Court, Delhi

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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