Whether mother and sister can seek relief under DV Act against son/brother and his wife?
In view of the above discussion and in view of the fact that the decision of the Delhi High Court in Kusum Lata Sharma's case has not been disturbed by the Supreme Court, we are inclined to read down the provisions of section 2(q) of the DV Act and to hold that the provisions of "respondent" in section 2(q) of the DV Act is not to be read in isolation but has to be read as a part of the scheme of the DV Act, and particularly along with the definitions of "aggrieved person", "domestic relationship" and "shared household" in clauses (a), (f) and (s) of section 2 of the DV Act. If so read, the complaint alleging acts of domestic violence is maintainable not only against an adult male person who is son or brother, who is or has been in a domestic relationship with the aggrieved complainant- mother or sister, but the complaint can also be filed against a relative of the son or brother including wife of the son / wife of the brother and sisters of the male respondent. In other words, in our view, the complaint against the daughter-in-law, daughters or sisters would be maintainable under the provisions of the DV Act, where they are co- respondent/s in a complaint against an adult male person, who is or has been in domestic relationship with the complainant and such co- respondent/s. It must, of course, be held that a complaint under the DV Act would not be maintainable against daughter-in-law, sister-in- law or sister of the complainant, if no complaint is filed against an adult male person of the family.
IN THE HIGH COURT OF BOMBAY
Writ Petition No. 300 of 2013
Decided On: 25.09.2014
Appellants: Kusum Narottam Harsora
Vs.
Respondent: Union of India
Vs.
Respondent: Union of India
Hon'ble Judges/Coram:
M.S. Shah, C.J. and M.S. Sonak, J.
M.S. Shah, C.J. and M.S. Sonak, J.
Citaion; 2015(7) ALLMR 104
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