I want to separate from my in-laws

986 votes

If you have been subjected to physical or mental harassment, you should first ensure your safety and preserve any evidence such as messages, recordings, medical records or other relevant documents. Depending on the nature of the acts, you may seek appropriate relief under the Protection of Women from Domestic Violence Act, 2005, including protection orders, residence/alternate accommodation, monetary relief and, where appropriate, custody-related relief concerning the children. If your intention is only to live separately from your in-laws, you should discuss the circumstances with a advocate, as the appropriate remedy will depend on whether your husband supports separate residence and the nature of the harassment.

Advocate Tejaswi Punnamaraju LawRato

911 votes

Namaste, I understand how exhausted you must feel after 14 years. Please do not take any hasty step, and do not leave the matrimonial home without proper advice, as that can later be used against you. First, the law does not force anyone to live jointly with in laws. The simplest route is to talk to your spouse and move into a separate house together with your children. If your spouse is willing, no court case is needed at all. If you are the wife and your spouse is not supporting you, the Protection of Women from Domestic Violence Act 2005 gives you strong remedies. Under Section 17 you cannot be thrown out of the shared household. Under Section 19 the Magistrate can pass a residence order, including directing your husband to arrange a separate accommodation or pay rent for it. Under Section 20 you can also claim monetary relief and maintenance for yourself and the children. If the harassment is serious, especially relating to dowry, physical abuse or mental cruelty, a criminal complaint under Section 85 of the Bharatiya Nyaya Sanhita can also be filed, but this should be the last option, since it damages family relations permanently. One caution. The Supreme Court has held that insisting on separation from parents without genuine reason may itself amount to cruelty. So keep a written record of every incident of harassment, with dates, messages and names of witnesses. To guide you properly, I need to know whether you are the husband or wife, whether your spouse supports you, what kind of torture you are facing, and whose name the house stands in. With these details, a clear plan can be made.

Advocate Naresh Gaddapati LawRato

635 votes

You may send a legal notice to your husband and, where appropriate, the in-laws calling upon them to stop harassment and interference and to make arrangements for separate residence. The notice should record the specific incidents of cruelty/harassment and protect the interests of the two children. If the conduct amounts to domestic violence, remedies under the Protection of Women from Domestic Violence Act, 2005 may also be considered.

Advocate Ravindra Anjaneyulu LawRato

724 votes

hi if they are toturing you then you could file petition in court seeking for separate residence and domestic violence and could obtain compensation from the Court for the remedies and to provide alternative accomodation

Advocate Baddam Aravind Reddy LawRato

947 votes

I understand how difficult this must be for you, especially after 14 years of marriage and with two children. You deserve peace, respect, and emotional well-being. Even if your in-laws help you in some ways, that does not mean you have to tolerate behaviour that hurts you. Before making any major decision, have an honest conversation with your husband about setting boundaries and living separately. Think about what is best for your mental peace and your children’s well-being. You do not have to make a decision in anger, but you should not ignore your suffering either. Take your time, seek support from someone you trust, and choose the path that gives you peace and dignity.

Advocate Kadakuntla Dinesh LawRato