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UMy mother has been facing verbal abuse from my paternal grandmother for around 25–27 years of marriage. We currently live in my grandparents’ house because my father is not financially stable enough to move out right now.
The abuse is mostly screaming, insults, humiliation, and random angry outbursts directed at my mother. It happens frequently and sometimes without any clear reason. There has not usually been physical violence, but the environment is mentally exhausting for everyone in the house.
We do have:
Some audio/video recordings of incidents,
witnesses including neighbors, our maid, and us children,
and this has been ongoing for many years.
I wanted to ask:
Does this count as verbal/emotional domestic abuse legally in India?
Can action be taken against a mother-in-law for this kind of behavior?
How strong is evidence like recordings and witnesses?
Since we live in their house, can that affect my mother’s rights or ability to complain?
What are the realistic outcomes if a complaint is filed?
I’m asking mainly to understand the legal situation and possible options.
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DLawyer here. Yes, persistent verbal and emotional abuse within a shared household can fall within the scope of domestic violence under the DV Act. Law recognises emotional, verbal, and mental abuse in addition to physical violence. A complaint can legally be made even against a mother-in-law if the conduct is continuous, abusive, and causes mental harassment. Audio/video recordings, messages, and testimony from family members, neighbours, domestic staff, or other witnesses may support the case. But the overall facts and consistency of evidence will ultimately matter.
The fact that your mother resides in the shared household owned by the in-laws does not take away her legal right to seek protection or relief. Depending on the circumstances, remedies may include protection orders, residence-related reliefs, restraint from harassment etc. However, in practice, courts usually first attempt to assess whether the matter can be de-escalated or resolved through family intervention or mediation.
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SI’m glad you have video and audio recordings that most people lack. Some crucial facts are missing, they are needed for better clarity :
1. What is MIL’a age?
2. Does your father contribute financially to the family? I ask this because you say you’ve been facing this for 25-27 years ?
3. Is your mother employed? If not, who runs the expenses of the household?
4. How long had she been married?
5. Any previous complaints/ FIR filed ? Any other communication/intimation indicating the abuse faced by her?
Answer to your queries:
1. Yes hurling abuses, insults and such count as domestic violence. But there’s a catch in your case. MIL’s age. Is she a Senior Citizen?
2. Your mother can file a Complaint before CAW Cell ( Crime Against Woman ) at your nearest Police station. This complaint further transforms into an FIR.
3. Your mother can also file a domestic violence complaint against the MIL.
4. Any audio/video evidence can be placed on record. Witnesses get you to win the case.
5. Legally, since your mother resides with them, this entitles her with the right to file a DV Complaint. Practiclly, once she files a complaint/ case; you can be demanded to leave the home if MIL is a Sr. Citizen. In case MIL isn’t Sr. Citizen, how do you plan to continue sustenance in case MIl doesn’t allow you to enter the home?
Without above answers, no good lawyer can guide you. As per the stated facts, the period of marriage? age of MIL? your sustenance capability? Earning capability ? previous history ? are crucial factors to help you.
Hope this helps.
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UFirst of all thank you for your reply and here are the answers for your questions…
1. MIL’s age is arround 78 years
2. Yes my father does contribute financially to the family it’s just that he moved back to his parents house before my birth also many of the basic necessities are fulfilled by my mother.My grandfather also contributes to the family alot.
3. No my mother is not employed and is a housewife. Basic expenses of the home are run by both my grandfather and father and some of my personal basic needs are fulfilled by my mother with money she receives from my nana and nani.
4. My mother has been married for 26 years and soon to be 27 years.
5. No official complaints has been files before by us it’s just my mother talking with the neighbours my father and my nana and nani.
Once again thankyou for the reply and I will encourage my mother to seek legal advice.
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