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guestneedhelp (home)     15 May 2013

Domestic problem/violence with sister -in -law

Dear Expert

Please  give your valuable advise

My life is in trouble.My sister -in -law (brother's wife) quarreled  bitterly with me on12/5/13 night & left home with my brother.The reason for quarrel is my coming back to my parental home on 05/04/13 along with my son.They told me clearly that they cannot take my responsibility nor they can help me in my unforeseen problem that I have invited in my Life reg leaving my husband.This is my second marriage.Due to mental torture I had to leave. In order to avoid responsibility she on silly ground quarreled with me abused me  .Mentally Iam upset.They have local party support. They may trouble me.My mother donot want them to return back in our life as she fears they will create trouble in my life.

14/5/13:-In the meantime  She called up my sister's  father-in-law and told him that she will commit suicide as I have quarreled with her....How I can protect myself? No intension of mine to reunite with my husband.
14/5/13:- Brother came in the afternoon & again tried to convince mother to accept them back in her home.My mother fears the worse.

What should we do? Iam having sleepless night.
Please help.
Thanks in advance.


 2 Replies

Tajobsindia (Senior Partner )     15 May 2013

@ 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.

1 Like

Anjuru Chandra Sekhar (Advocate )     15 May 2013

You can file for divorce under Hindu Marriage Act, and claim interim maintenance.

1 Like

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