Joshua bellary
Asked September 10, 2016

Husband not maintaining children and mother in law harrassing

  • 1 Answer
  • 189 Views

Sir my sister's husband doesn't work and from last 4 years didn't take care of his 2 children. Moreover, the mother in law is also harassing. Please advise.

Answer 1

The scenario in your house fulfills all the essential conditions of domestic violence under The Protection of Women from Domestic Violence Act, 2005.

Now, as I understand, your problem is two-fold:

  • Husband failing his duty to maintain his children :–
  • In this case, if we look into the above-mentioned law, the definition of what is termed as “Economic Abuse” under section 3(d)(iv) of the Protection of Women from Domestic Violence Act, 2005 gets satisfied, in turn, guaranteeing you a right to claim for the fulfillment of his duty towards his own children. For which, you can approach the family court and file a suit against him for remedies because what he is doing is absolutely illegal. As a remedy, you will be entitled to monetary relief as per section 20(1)(d) of the Protection of Women from Domestic Violence Act, 2005.

  • Harassment from Mother-in-law :–
  • In this case, section 3 of the Protection of Women from Domestic Violence Act, 2005 comes to the aid, such as harassment finds a place under the definition of “domestic violence” as per the law. Filing the suit before the same family court will grant you the desired relief. Also, such harassment and cruelty to the wife by her in-laws finds a place under the section 498A of the Indian Penal Code 1860 also. You may also file an F.I.R before the police or a complaint directly before the magistrate of the criminal court under section 498A of the Indian Penal Code in order to get your husband imprisoned for a maximum period of 3 years (depending upon the facts and circumstances of the situation).

    Agree Comment 0 Agrees 12 months ago

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