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If son says that my parents are ill & old .

Guest (Querist) 05 December 2010 This query is : Resolved 
I have filed a PWDV case. i don't want divorce, but my mother in law is forcing me. My husband's brother in law and his wife also live at a seperate accomodation just 40 kms away from my matrimonial house due to my mother in law's behaviour. She has illtreated and humiliated me alot.

So i don't want to live with her anymore, i want to live with my husband at a seperate accomodation. But i have a question that my husband can say that my parents are old and remain ill,are diabetic and have bloodpressure, so i cannot shift with my wife, as i need to take care of my parents.

Can my husband say this to avoid me ??? and just to avoid to shift at another accomodation if he use all such excuses, can court accept his wish and ask me to stay with my mother in law in that same house????

On such kind of situation what does court decide ????
Devajyoti Barman (Expert) 05 December 2010
Court would decide which would be more believable to it.
Arun Kumar Bhagat (Expert) 05 December 2010
All these depends upon the evidence.
Adv Archana Deshmukh (Expert) 05 December 2010
The court cannot compel your husband to live with you in a separate accomodation away from your mother in law. He has every right to stay with his mother if he opts.
Guest (Querist) 05 December 2010
My mother is law is diabetic but she is working woman. If my husband wishes to stay with his parents i don't mind,but in that case how will i reside with my husband, i won't be able to stay with his mother. I have been mentally & emotionally tortured but his mother. And my mother in law had asked me to leave their house, so from the last 2-3 months iam living with my parents & iam not working,im studying. I tried to reconcile but from their side they didn't cooperate. So i had to file for PWDV,so in this situation what will be my future???? If my husband wish to stay with his mother, then where will i go ????
G. ARAVINTHAN (Expert) 05 December 2010
Court will not ask him to leave his parents to live with you.

Guest (Querist) 05 December 2010
Then please tell me what will i do ??? Where will i go ???? Then i won't be able to stay with my husband ??
please tell me that where will i go then ??? what about me then ???

Tell me this .
Guest (Querist) 05 December 2010
And i don't want my husband to leave his parents ???? He can take care of his parents, spend time with them, can take care of them financially, but as i feel unsafe and disturbed with my mother in law, so i cannot live with her. And i want another accomodation.
But still if my husband is not ready then what will i do ??? where will i go ???
A husband is allowed to leave his wife but not his mother ???

Then please tell me what will i do ??? Where will i go ???? Then i won't be able to stay with my husband ??
please tell me that where will i go then ??? what about me then ???

Tell me this
Adv Archana Deshmukh (Expert) 06 December 2010
In case your husband is not willing to live seperately from his parents and your mother in law is harrassing you, you can obtain protection order against her while residing in the same house.
s.subramanian (Expert) 06 December 2010
I agree with Adv.Archana.
Uma parameswaran (Expert) 06 December 2010
Adv.Archana rightly told.
Guest (Querist) 06 December 2010
Thankyou all of u. But in that case,if i reside in the same house with courts protection orders, My & my husband's broken relationship will never heal. Because my mother in law will have to forcefully accept me, in that situation she will never like me, and we both will never have cordial relations.And iam afraid she will again influence my husband,and me & my husband's relationship will never grow into a happy marriage.

So if i say court that i want to live at seperate house in the same city,near by my matrimonial house,and i won't force my husband to live with me regularly,but atleast 3-4 days or may weekends,or whatever suits him. So in this manner my husband can give time to his mother also and he can live with me also,without any misunderstanding & trouble.
So can i request such a proposal to court ???? can court support with this ???
Kirti Kar Tripathi (Expert) 07 December 2010
These types of allegations are very common in matrimonial cases and requires through investigation on the basis of evidence led by the parties. Why you think, that your husband has obligations to you only. He has his obligations towards his parents and other family members also. You are also under obligation to help you husband in fulfilling his obligations toward every member of family.
Guest (Querist) 07 December 2010
Mr krti Kar sir just because iam married and iam female that does not mean that i will listen the abusing language of my inlaws and ill treatment and will still continue to live with them, iam not god. It is very easy for men to say such things because they don't have to leave their family,we females do that and still after so much sacrifice when females don't get the respect then such kindof situation arises. Ima already ready to help my husband, but just because iam his wife ,my husband cannot force me to stay with his mother. Iam suffering alot, so i know about the real facts and situation.
Guest (Querist) 07 December 2010
So MR kirti kar sir....yous should not be judgemental ,i need a legal advice. My husband didn't even cooperate me with RCR, so what iam going through i know, and my inlaws are planning forhis remarriage. So how can i live with such inlaws. so before knowing the facts, please don't judge anything. please.
Guest (Querist) 07 December 2010
Men always think that females[ wives] are ever ready to break homes....but they should never forget there mom or sisters are also female. Moreover shifting at a seperate accomodation doesn't mean breaking homes, it is just about harmony & peace.
Kirti Kar Tripathi (Expert) 07 December 2010
Dear Anonymous.
When a query is put before a counsel, he is require to give correct and proper advice, that may suit to the party or not. He is not required to speak as the party wish. He may pu the case of party but it is his duty to advice all the aspects of case to the party, it is far the party to agree or not.
Guest (Querist) 07 December 2010
Thankyou sir, i respect your views. I understand everything and know it is for my good. But sir i just want to say that i have valid reasons about what i have stated, iam not being selfish, and just don't want to enjoy with my husband without taking care of inlaws,it is not like that sir,i have valid reasons. Anyway...thankyou sir for your valuable advive.
JT Rajasuriya, Chennai (Expert) 07 December 2010
The ideal solution would be for you to take up a residence very near to your matrimonial home (even probably the next house). That way you'll have your own space and your husband will also be able to look after you and his parents.


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