Sachin 12345 (consultant) 08 July 2013

Fals dawry case

Dear Experts

I have a question about protection of women from DV 2005, as per this does a women have right to claim for shelter , mediclaim,etc from the income of in laws and brother of her husbund.And when the 2005 will come into picture after proving she is actually a victim of 498A or she just need to go in court and file petition on anything she want ! I am harrased by all this stuff though bymy sis inlaw ..

My elder brother got married in in 19th May 2011 , I am working in Mumbai since 1st April 2011. I barely visit my home town.. twice in a year for 5-6 days. So can i file a case against her under act of defamation? Is it possible. I have joining letter as proof but do the court need my attendence to ..as i dont want my personal life to get involved in professinal things.

Please suggest me the possible way out.

Thanking you in anticipation.

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1 Replies

Adv Archana Deshmukh (Practicing Advocate) 08 July 2013

Shelter, maintainance, mediclaim cannot be claimed from in-laws and BIL. Wife can claim residence in shared household only if her husband is having right in it. In a DV case, domestic violence is needed to be proved and not 498A. First of all get the petition dismissed against you. Whether defamation case will sustain or not would depend upon overall facts and circumstances and not barely upon few lines.