Mentally violence by Wife to Husband and his family.

962 votes

I understand your concern. If your sister-in-law is continuously creating disputes, mentally harassing your mother and sister, or interfering with their peaceful living, the facts and specific incidents need to be properly examined before deciding the appropriate legal remedy. You may consult an advocate with the relevant documents and details of the incidents, and the matter can then be assessed accordingly.

Advocate Sanrit Lala LawRato

818 votes

The issue needs to be examined from the perspective of the husband’s legal rights as well as the rights of the wife and other family members. Mere differences between the wife and mother/sister do not automatically constitute a ground for divorce. However, if the wife is continuously creating serious mental harassment, making threats, abusing family members, or deliberately creating circumstances making matrimonial life impossible, the husband should preserve evidence such as messages, recordings (where legally permissible), medical records, complaints and statements of independent witnesses. If such conduct amounts to legally recognised mental cruelty, the husband may consider appropriate proceedings under the Hindu Marriage Act. At the same time, the husband should avoid any forceful eviction or retaliatory action against the wife and should consider mediation/counselling first. The exact legal remedy will depend upon the evidence and the nature of the incidents

Advocate Usha Gehlot LawRato

764 votes

I would mention the Domestic Violence Act, Senior Citizens Act, and criminal/civil remedies, but only sections that can actually become applicable depending upon the facts. 1. On the facts stated, the mother, if subjected to physical, verbal, emotional or economic abuse, threats, intimidation or harassment, may examine remedies under the Protection of Women from Domestic Violence Act, 2005. Section 3 defines domestic violence and Section 12 provides for an application before the Magistrate. 2. Depending upon the circumstances, reliefs under Sections 17, 18, 19, 20, 22 and 23 may be sought, including protection, residence-related relief, monetary relief, compensation and interim/ex-parte orders. 3. If the mother is 60 years or above, remedies under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 may additionally be examined, particularly Sections 4 and 5 regarding maintenance and Sections 22–23 concerning protection of life/property and transfer of property in specified circumstances. The Act recognises property broadly and provides statutory protection to senior citizens. 4. If there are specific acts such as criminal intimidation, assault, voluntarily causing hurt, wrongful restraint, trespass/house-trespass or damage to property, appropriate provisions of the Bharatiya Nyaya Sanhita, 2023 may also be attracted, depending upon the evidence and exact allegations. For example, Section 329 deals with criminal trespass and house-trespass. 5. A detailed complaint should therefore record each incident separately, with dates, witnesses and documentary/electronic evidence, before choosing the appropriate proceedings.

Advocate Neha Gupta LawRato

921 votes

If the wife is continuously creating mental harassment, abusing or humiliating the mother and sister-in-law, the husband should preserve proper evidence of specific incidents. Such conduct, if proved and of sufficient seriousness, may amount to mental cruelty under Section 13(1)(ia) HMA. However, no one should forcibly evict or threaten the wife, as she may have residence-related rights under the Domestic Violence Act. Initially, counselling/mediation and a proper written complaint may be considered; if the situation remains serious, appropriate matrimonial proceedings can be initiated.

Advocate Raman Sahu LawRato

632 votes

You should first collect the complete facts, including ownership of the house, whether it is self-acquired or ancestral, and the exact acts of harassment or mental cruelty committed by the daughter-in-law. If there are specific incidents of threats, abuse, harassment or violence, the mother may explore appropriate remedies under the Protection of Women from Domestic Violence Act, 2005, subject to the facts and evidence. The Act also recognises rights of women in a shared household. Therefore, the daughter-in-law cannot simply be forcibly removed without following due process. If the house is owned by the mother, appropriate civil/legal proceedings for possession or injunction may also be considered after examining the circumstances. Evidence such as messages, recordings, medical records, witnesses and previous complaints should be preserved. A detailed consultation with all documents is advisable before taking action.

Advocate Niharika Chauhan LawRato