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umesh modi (acwnmh@yahoo.com)     22 September 2016

In dv act ruines on mother in law

DV can be booked only against male members of a family

I read this in Law but when i put application, judge does not remove the name of my Mother from DV act wheras my wifes adv. oraly oppose. 

what can i do ...?? please guide me 



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 4 Replies

stanley (Freedom)     22 September 2016

Section 2(q) in The Protection of Women from Domestic Violence Act ...


(q) “respondent” means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act: Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint ...
 
Dont bother much fight the false D V case and seek exemption for your Mother from attending the court proceedings . Dv act is just for a Protection order that is if the opp party is able to prove the same . 

Sachin (N.A)     22 September 2016

Originally posted by : umesh modi
DV can be booked only against male members of a family

I read this in Law but when i put application, judge does not remove the name of my Mother from DV act wheras my wifes adv. oraly oppose. 

what can i do ...?? please guide me 

 

Dear Quriest,

 

There is diffrence of opinion among the judges that wether the women can be respondent in the case of DV act or not . So in your case it will depend in which state do you live if you have the judgement of High court of your state then it may work.

 

But there is no need even if they donot go to court their lawyer can represent them or court will may grant them exparty and the main respondent that is husband will represent/defend the case.


(Guest)

Coudl you please share that SC judgement wherein MIL can be made respondent.

Sachin (N.A)     13 October 2016

Here is the latest SC judgement where court said minor and women can be the respondent in DV act.

 

https://judis.nic.in/supremecourt/imgs1.aspx?filename=44159


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