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my daughter and mother is being abused by my own sister who

(Querist) 16 January 2018 This query is : Resolved 
Respected sir/mam,
I reside in Mumbai. My daughter is staying with my mom since the past two years as her college is close to my mom's place. My sister who is a divorcee along with her son also stays with my mother. I lost my dad two years back. My sister used to misbehave with my father as well. She is just not scared of anyone. She has been using abusive language for my daughter and my mother and also tries to be physically abusive. It is affecting my mother and daughter severely. We even filed an NC against her but there was no action taken by the cops. My sister continues to hurl abuses at my daughter. She does not want to leave my moms house. My mother is still taking care of her son who is in 10th. My sister does not support her at all. Not a single penny she gives at home. Please guide me what best can be done that she is atleast scared of the law and starts behaving properly with my mother and daughter. She uses very filthy words for my daughter. Please request you to guide me what action can be taken against her. Thank you very much
Ms.Usha Kapoor (Expert) 17 January 2018
You can apply for civil injunction and damages against your sister who -persistently abuses your daughter in violent filthy language and your mother in addition to -police complaint.This is based on English law from Protection of from Harassment Act 1997.as we borrow highly from English law and our Constitution Is based on Westminster Model.You file your case in Dist. court. after giving a Legal notice to your sister through a lawyer.
Vijay Raj Mahajan (Expert) 17 January 2018
Best Course for the mother is to file a complaint against the daughter under the Protection of Women from the Domestic Violence Act,2005. This Act also well known as DV Act is for protection of all women of the society not only wife but even mother and sisters. Another positive point of the Act is that the Respondent against whom the complaint is made need not be only men in the family but it can be women too living in domestic relationship.
Your mother being inflicted with domestic violence by your sister in law can seek the protection order against the lady wherein she will be told to remain out of the premises where your mother lives, namely her house, thus throwing out the sister in law and preventing her to enter the house.
The compensation for injuries both physical as well mental caused to mother will also be ordered. The sister in law will be told to take her son and carry out his responsibilities which is being put on the mother unnecessarily. The court can even order for monthly maintenance for the mother if she has no means to maintain herself.
Ms.Usha Kapoor (Expert) 17 January 2018
Yes! under Domestic violence Act also your mother and daughter get relief.


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