Dhananjay Pathak (NA) 06 January 2013

Law suite against daughter in law

Hello,

Need expert opinion on the below issue-

I am a senior citizen living with my wife in a bunglow in Pune. I have five sons and the bunglow is owned by the 2nd, 3rd and 4th son. They all live outside Pune.

We occupy the upper floor of the bunglow and my eldest daughter in law (wife of 1st son) lives downstairs with his 13 year old son. My son does not live with her anymore as they dont get along well and neither with us.

Lately, she has started troubling us and misbehaving, being abusive and threatening at times. We have requested her to move out and take up a place elsewhere and have agreed to give her monthly compensation of certain amount for the same. However, she is demanding for an individual flat in her name and has threatened of filing a domestic violence case against us or commiting suicide and writing our names in the suicide note if we insist on her leaving the place.

Please advise, how this can be taken ahead legally as the police is not being helpful and they claim that only court can settle the matter. We fear that she might put a false DV against us.

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6 Replies

Ranee....... (NA) 07 January 2013

you can file a dv case on her making your son a party of it.Your sons who are owner of the bunglow can issue legal notice to your first son to vacate the house along with his family.

dr.pawan rajyan (member and secretory) 10 January 2013

you cannot file a dv case on her as suggested above by ranee......give written complaint to police about her threats . and your son's who are owner should send legal notice to her to vacate.she cannot get anything in dv act from you or your younger sons.regards

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Ranee....... (NA) 10 January 2013

his wife can file dv

Dr J C Vashista (Advocate) 13 January 2013

Lodge a complaint against your DIL before SDM under Senior Citizens Act

1 Like

ragz hyder (PM) 17 January 2013

@ Vashista What is SDM?

Dhananjay Pathak (NA) 20 January 2013

Thank you everyone for your valuable suggestions. I have consulted a couple of advocates and getting mixed thoughts from them.

One of the advocate says my daughter in law will have an upper hand at any point of time if she files a domestic violence case against me, my wife and sons who are the house owners irrespective of whether I file a complaint against her under senior citizens act or if my sons send her a notice to vacate the house before she files for a DV.

Please suggest what would be the best way to adopt in order to prove that she is filing a DV only as a reactive measure and that the same is false. Also, would appreciate if someone can suggest me ways to protect the family from actions taken by police in case she files a DV (Though she doesnt have any evidence against us but I guess her merely filing a complaint calls for an arrest without investigation).