Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ritwik (IT)     27 August 2015

Can injuction against parent-in-laws legally possible?

Married for five years, and having problems with marriage form the very begining. Presently, though the marital relationship is not in good shape at all, since we have a boy of 3 years, I am still trying to save the marriage. I am staying in the house owned by my mother and since my parents-in-laws, supported / instigated by my wife came to my house and abused/threatend me and my parents couple of times, I don't want them to enter here anymore. Since my parent-in-laws stay in the same city, my wife can go and pay them a visit / stay with them whenever she wants (she is doing that anyway). Is there a legal provision available to bring permanant and mandatory injuction to bar her parnets/relatives to enter my mother's house? 



Learning

 4 Replies

prabhakar advocate (advocate)     27 August 2015

Yes. If the property is in your father/mother's name, move the civil court with permanent and temporary injunction (in temporary injunction make local SHO also a party to protect your interest) and you will get temporary injunction within a week to restrain your inlaws to enter in your premises. But do not miss to say in the plaint, that you have no objection if she visits her parents occasionally.

(Guest)
Originally posted by : Ritwik
Married for five years, and having problems with marriage form the very begining. Presently, though the marital relationship is not in good shape at all, since we have a boy of 3 years, I am still trying to save the marriage. I am staying in the house owned by my mother and since my parents-in-laws, supported / instigated by my wife came to my house and abused/threatend me and my parents couple of times, I don't want them to enter here anymore. Since my parent-in-laws stay in the same city, my wife can go and pay them a visit / stay with them whenever she wants (she is doing that anyway). Is there a legal provision available to bring permanant and mandatory injuction to bar her parnets/relatives to enter my mother's house? 

U Can follow above gentlemans advice and move court with civil injunction.

along with that, you can ask your mother to file DV case on your wife and her parents too.

 

But why did you let her dance according to her parents tune than listen to your tune and tango?

 

Woman must be kept undder control at all times.  One thing men fail to understand is, wife is not a friend, but only a wife.  The moment you start treating wife as friend, then automatically she wont listen to you.  Darr hamesha rehna, shaadi mein, especially for women, and men too.

 

Take dire steps, anyway you will find yourself in court some day or the other with such a kind of wife, better be offensive than defensive, later on.  Brake her hed and her parents hed if they come to your moms house, but why the hell are you staying with mamma? You go out and stay elswhere instead of attracting DV case or 498a on yourself and your old parents and become pain in the arse for them during old age.

 

Go out and stay.

Prasad (Systems Engineer)     27 August 2015

Ritwik...

 

After paying some good money to a lawyer and roaming in courts, you may be able to get an injunction order from court.

 

But your wife will get aggravated and she can do a lot legally to ruin your life.

 

Your wife will surely take legal route even if she gets a doubt that you are going to apply for injunction.

 

Do not give that damn legal power to your wife. 

 

 You have said that "the marital relationship is not in good shape at all, since we have a boy of 3 years, I am still trying to save the marriage."

 

In this scenario, it is not at all right to prefer for any injunction orders.

 

Rather... you should talk to your FIL one on one to settle matters amicably.

 

Explain your FIL about the additional expenses that you have to bear to live separately from your parents.

 

Give them time to settle.

 

Else, try to stay away in a separate house that is near to your parent's house.

 

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     27 August 2015

I am happy to learn from Ur post that U R still trying to save the marriage.What's the stance of UR wife when her parents are threatening Ur household? U said about their act but not the reasons.But legal action against UR in laws possible only if UR wife is supportive or else it may lead to a lot of complications in future.Hence don't act hastily.If the same thing is reported just give a police complaint that they are harrassing UR family.Hence right now I am not suggesting legal solutions,as that could disturb UR marital life.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register