vandana kollapu 17 February 2021

Help with restraining order

Dear lawyers,

Recently we had an incident with my mother's daughter in law (younger son's wife). Happened to be close relatives to us. She is assaulted my 68 year old widowed mother when nobody's home and asked her to leave the house. Threatened to hang herself if my mom does not leave the house. It happened for the second time in 5 years. We had to call the emergency police service (100) to settle the issue. I request everybody who can suggest on how to get a restraining order to stop her to enter the house.

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3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 17 February 2021

1. IF the House belongs to Mother /Parents, THEN the Son & his Wife can just simply be permanently evicted or thrown out via Court procedures, more so specifically since Son or his Wife do not derive any inherent to stay in Parents house. This has been upheld in several HC judgments.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

vandana kollapu 17 February 2021

Thanks for responding. Definitely the house belongs to my parents. We consulted a local lawyer about the same. He did not show interest in filing any case saying that the girl/ daughter un law is closely related. But we feel that a restraining order might help my mother have some safe environment.

Gnaneshwar Rajan 18 February 2021

You can approach a police officer near you or a Magistrate near you and request for a protection order stating that your mother's daughter-in-law had assaulted your mother under Sec.498A of IPC. If the magistrate is satisfied with your case, he will issue a protection order against your mother's daughter-in-law.