@ Indrani,
1. Once children are born, educated well, married off by their biological parents then coming back to live with parents attaining majority age it is felt that they are at mercy of parents and no such ‘exclusive rights’ in Law exists for children to claim from their parents.
2. You have certain marital issues hence you came back to live with your mother. Your mother was already keeping your married brother and his family. Your sister-in-law say your returning back with your child as extra baggage and or her peace being threatened. She coaxes her husband (your brother) and leaves home. She later calls her father and threatens for suicide. Meanwhile your married brother comes back and seeks peace with mother fearing removal of cushion shelter over his families head due to their sudden departure from parents home.
3. Meanwhile your mother naturally supports you for a reason you and a 8 years old child are without shelter.
4. Since you are experienced in litigation by now suggest to hire advocate found locally and on behalf of your mother file restraining / injunction application “not to disturb family peace of hers” against sister-in-law and mention sister-in-laws suicide threat. This is a summary application in Magistrate Court and first movers advantage will be that your sister-in-law even unforeseen commits suicide you – your mother have some cushion and meanwhile a shelter if over your and your child’s head.
5. Also note I don’t want to get into reason of second marriage desertion of yours but I like to add responsibilities of your shelter, food, medicine, maintenance is that of your second husband and not that of your mother at all. You may file appropriate remedy Application seeking your rights as someone wife too as for time being you may live at mothers home as you have no where else to go but whole future of yours and your child is in front of you read expectations of maintaining cordial relations with atleast your own blood brother is also socially expected. Sister –in- law will always have differences with kith and kin of her husband side which is perennial.
6. It is also suggested to visit / seek help of a marital counselor as from first marriage divorce popped unfortunately and after re-marriage similar episode one is experiencing and one has a child also and whole life in front of you hence some course correction needed to survive in this competitive world instead of being dependent upon close relations forever, introspect all these and act accordingly at the earliest.
