In India, the concept of joint families is not new. Even in the modern setup, unlike the West, sons stay with parents even after marriage, unless there are other obligations of job, etc. For a woman getting married, mother-in-law is exaggerated to be a nightmare, while it happens to be so for some. A daughter-in-law can get even with the mother-in-law, since the legal recourse is so in favour of her. However, what follows the toxic behaviour of daughter-in-law against her husband’s mother? What are the rights of Mother in-Law against Daughter-in-Law? Let’s explore here!
Rights of Mother-in-Law against the Daughter-in-Law
All is well when there is an amicable atmosphere in a house. However, sometimes, the marriage of a son and the entry of another woman in the house does not go as planned. The one who is welcomed as a family member at times takes the family as her enemy. The two women in the house – mother-in-law and daughter-in-law are often trapped in the tug of war for rights. While the Indian laws – be it domestic violence, dowry, cruelty – all support daughters in law. But speaking of the rights of another woman, let’s explore the options of a mother-in-law when her son’s wife treats her badly.
Property Rights of Mother-in-Law and Daughter-in-Law
Speaking of rights in a property, there can be right to residence, and ownership rights. When it comes to domestic violence matters, restraining entry in the matrimonial house any portion of the house is often complained of. It may be noted that whether it is a daughter-in-law or a mother-in-law who is a victim of domestic violence, she can get favourable orders to seek residence in the house, regardless of who owns it. The only aspect to be proved is that the woman had been residing there in the shared household. However, if mother-in-law owns the house and daughter-in-law treats her badly causing distress, the daughter-in-law may be evicted from the house.
Now, suppose the mother-in-law owns the property. So, What are the rights of daughter-in-law on mother-in-law property? She has no right of her own. If it is a self acquired property of the husband in the name of his wife, the parents-in-law decide who gets the property. Daughter-in-law has no right of her own in the property owned by father-in-law or the mother-in-law. She has the right to maintenance, but only against her husband. The right may extend against father-in-law only if she is a widow and lacks any resources to maintain herself.
Domestic Violence against Mother-in-Law
When it comes to Domestic Violence laws, most people think that it is a shield or weapon, only for daughters-in-law. The law lays protection of women from domestic violence. Thus, does this protection extend to a mother-in-law is a question. Can mother-in-law file DV case against daughter-in-law?
The answer is YES! As per Section 2(a) of DV Act. an “aggrieved person” means “any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent”. This definition clarifies that the aggrieved person can be a wife, daughter, mother, sister, aunt, daughter-in-law, mother-in-law, etc. In this case, the respondent is not gender specific. Thus, it can be a husband or in-laws of a married woman, son, brother, daughter, daughter-in-law, etc. Hence, mother-in-law can file DV case against daughter-in-law.
Maintenance of Mother-in-Law
What we generally see is that a husband or son is responsible for the expenses of the woman of the house – that is the mother or mother-in-law. However, the Maintenance and Welfare of Parents and Senior Citizens Act lays a bit around this.
Section 4 of the Act lays about Maintenance of parents and senior citizens. The specific provisions states that “Any person being a relative of a senior citizen and having sufficient means shall maintain such senior citizen provided he is in possession of the property of such citizen or he would inherit the property of such senior citizen”.
It reflects that if the daughter-in-law is enjoying the fruits of property of mother-in-law, she may be held liable to pay maintenance as well. In fact, the Punjab and Haryana High Court reportedly directed a daughter-in-law to pay maintenance to the daughter-in-law who got a compassionate appointment following her husband’s death. Thus, daughter is not directly responsible for paying maintenance to mother-in-law. But if she is enjoying fruits of husband’s job or property from parents, she cannot avoid her husband’s responsibilities.
Conclusion
With all the aforementioned discussion pertaining to the rights of mother in-law against daughter-in-law, it is clear that mother-in-law also holds strong on some parts. Whether it is ownership or residence, she can claim her rights. Though the daughter-in-law is not directly obliged, she may be required to pay maintenance in specific circumstances. If she treats the mother-in-law with any kind of violence, she cannot get away with that as well. Now that you know, share it with those who matter to you!
