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Vinod Srivastav (SFA)     09 August 2012

Father in law has thrown me out.





My sister got married three years ago and has delievered a baby girl last year.

Her FIL is a bookie living in delhi and hence stays at home 24/7 and has lost everything financially in this illegal job.

My sister is staying in my place after her in laws and her husband asked her to get out of the home and said that they will be sending divorce notice shortly.(its still not come yet to us)

We belong to a very very conservative family and hence are being threatened for divorce by my sister's in law.

They want is this - that my sister keeps listening to them whenever they shout and whenever he looses big he comes and vents his anger on my sister.

Her kid is just 1 year and she is busy with her upbringing but this man has tortured her so badly that she has made up her mind to not to stay with them.

My sister's husband is a mute spectator to this (she has beaten up as well)and says that my sister has to adjust in my family like this only and she cannot pinpoint the wrongs to anyone outside the house.

We do not want divorce as they already have a kid and husband has said that she can stay with us for the rest of her life.

Legally what can i do so that my sister stays there peacefully as we are not considering divorce as an option because of the kid who will only have one parent for the rest of her life post divorce.


 8 Replies

Dharmender (None)     09 August 2012

File case under DV act 2005 for sharing of residence . If you dont want divorce then try for mediation through some relatives or some knowns.

Divorce gives only one parent to the child that is true but it makes life easier for both husband and wife. Instead of daily quarells and abuse it is the good option for peace in life. Your sister can also remarry after divorce. Now a days people are broad minded. So try to mediate and if it fails you have no other option. You can approach Crime Against Women (CAW)Cell to help your sister and do mediation between two parties.


Your sister may file for protection/residence order under DV Act. She has a right to stay in her matrimonial hosue if the same is a shared household.

Vinod Srivastav (SFA)     09 August 2012

What would the CAW cell do so that my sister has a peaceful life?

Vinod Srivastav (SFA)     09 August 2012


Could you please explain how protection/residence order under DV Act works?


Dharmender (None)     09 August 2012

CAW cell will take call the husband and mediate between the two parties. For filing case under DV act they will provide you Govt Lawyer free of cost. For Filind DV act case protection officer is to be appointed by the court. In that case also CAW cell playsa good role. If there is no protection officer in your area under DV act then CAW cell acts as protection officer for womens.

Vinod Srivastav (SFA)     09 August 2012


My Major worry is that what if my sister's husband takes it other wise as in he fires back saying "since you have taken it to the court under no circumstances will i keep you".

We always wanted to avoid the police or the law for that matter but now i think only that should be the saviour as the whole of our society members have tried to convince the boy's family but in vain.

I hope it doesn't backfire.


Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     09 August 2012

I do not think that it is safe for your sister to go to her matrimonial home, where her in-laws also live. What is your sister's husband?  Has he got his own source of sufficient income? Her father-in-law is a gambler. Then how the family's household expenses are met? She may go back if her husband is a good person, has an independent source of income and is willing to live with her and the child separately

It is up to you to go for Section 498A or the DV Act. That would put pressure on her husband and in-laws to come down and give favourable terms for divorce.

Your sister should feel that she has the full protection and support of you and your parents. You have written nothing about your parents.

Many girls have been murdered or have committed suicide because of the conservative attitude of the girl's parents. It is better to live as a divorcee rather than be dead.

In case of divorce your sister will certainly get custody of her child, particularly because the child is a girl. Your sister can also get maintenance from her husband for herself as well as her daughter.

If your parents are not there and you are married, there can be problem between your wife and your sister. Is your sister educated and capable of taking up a job?

Vinod Srivastav (SFA)     09 August 2012


Thanks so much for your prompt repsonse.

My father passed away recently after my sister's marriage and you are right that my wife and sister will have a misunderstanding and daily fights at home.

He is educated but we never sent for work.(We belong to a conservative jain family).

My sister's husband is a good man and takes of his dad's business and runs its very well, all with his efforts.

He says he might as well leave his wife than his parents and my sister cannot express her thoughts there.They want her to live like a bonded labor.

The whole family of theirs never spoke to my sister when a baby girl was born for one week and kept saying if a baby boy was born they could have kept of function of 1000 people.Sad state of affairs of our jain community.

People of my society tried convincing her FIL to live seperately and asked him not to spoil his son's life but all in vain.They start crying near their son and thereby the son goes their way

The bottomline is we want her to stay with her husband without her FIL's presence.Is there any law or any which can do this?

We are damn helpless and my sister is sitting at my home in chennai at this moment.


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