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Sister in law is forcing to vacate my house: Domestic Violence

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Question: My sister in law is forcing me to vacate my house whereas I am the owner of this house. I built this house out of a home loan. I have to move from my house since I was blessed with a baby girl for the 2nd time. My sister in law provoked and manipulated my mother in law and forced me to move from my house. We constructed that house by taking a home loan. My sister in law has been staying in my house for the past 2 years. Now I am blessed with another baby girl. We can’t afford expenses and asked for rent. She is not ready to pay rent or vacate the house. In this scenario what can I do?

Asked from: Telangana

You are the owner of this flat hence, your sister in law cannot force you to vacate the house. Your sister in law is living with you in your home. You can send a legal notice for eviction from your home. If she does not follow the notice you should lodge a complaint for criminal trespass and criminal intimidation.

Protection order

You should seek a protection order from the Judicial Magistrate under the Domestic Violence Act. If your husband is a co-owner then you should lodge a complaint under Section 12 for domestic violence from your in-laws. You can seek a protection order thereby restricting your sister in law to enter a portion of your house where you are living. 

You are an owner of this house hence, you cannot seek residence order and alternative accommodation under the Domestic Violence Act. If your husband is a co-owner in this house, you still have the right to evict your sister in law from this home. 

No one can compel you to leave this house because it is not a shared household under Section 2(s) of the Domestic Violence Act. Even your husband cannot exercise such a right. 

Tounting and mental torture because the birth of a second girl child is an act of violence. This kind of act constitutes mental and psychological abuses as defined in the Domestic Violence Act. 

Lodge a Complaint

You should contact a protection officer of your city and lodge a complaint under Section 12 of the Domestic Violence Act. Your sister in law without any right forcing you to vacate your house. If you have no information about the name of the protection officer you should file a complaint in the Mahila Thana of your city. The SHO of the Mahila Thana will transfer your case to the Protection Officer (PO). 

The PO will investigate your case and prepare a report. He will submit that report to the Judicial Magistrate of First Class for taking cognisance. When the Magistrate takes cognizance he will issue a summons to your sister in law to appear in the court. If the Magistrate satisfies from the facts that the act of domestic violence has been committed then he can pass any suitable order to protect you from such an incident.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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