Domestic violence
Pradeep Kumar
(Querist) 03 February 2014
This query is : Resolved
Hello All,
1.My wife filed complaint under Domestic Voloence Act aginst my whole family.
2.Already she has filed 498A aginst my family chargesheet has been filed in charge sheet only my name is there ,my family members name has been removed.
3.Now ,they have filed Domesticviolence Act,what is Domestic Violence Act,what they will do with this ?and why they include my mother father,sister and brother in law ,what is the idea behind this...
Please clarify the same...
Advocate. Arunagiri
(Expert) 03 February 2014
As per the DV act, wife can give complaint against all the relatives of the husband, who lived in their house.
Devajyoti Barman
(Expert) 03 February 2014
Do not get worried. This is quasi civil case only. Their name appearing in the acse would not be of much relevance.
Only you have to be careful that she does not get much maintenance amount than what she deserves.
Rajendra K Goyal
(Expert) 04 February 2014
Well advised by the expert Devajyoti Barman ji, agree to it.
Pradeep Kumar
(Querist) 04 February 2014
Hello All ,
Thanks for your reply and am having few more querys here..
1.Already I have mentioned in our forum that my wife and her father arrested been to Jail now they are in Bail,based on my cyber crime complaints for morping and publishing nude photgrapy of myself,my mother and sister in pornograpic websites.
2.My sister,brother in law and my father not stayed with us but they have DV ACT against them also.
3.Wife is having privilages to file DV ACT aginst husband family in the same manner my sister and my harrased by my wife and her family members by poting morping pictures in poronograpic webisites.
My question is:whether my sister and mother can take any legal procedings aginst them like DV ACT?
and Now they are all releaved from 498A case too...
Please suggest me
Regards,
pradeep
ajay sethi
(Expert) 04 February 2014
yes mother in law can file Dv case against daughter in law .
the Delhi High Court has held valid a complaint filed under the Act by a mother-in-law against her daughter-in-law. The common perception has been that the Act is loaded in favour of the daughter-in-law.
"A mother...maltreated and harassed by her son would be an aggrieved person. If the harassment is caused by the son's wife, she too will fall within the ambit of the respondent," Justice Mukta Gupta said. She also underlined that the phenomenon of daughters-in-law harassing their mothers-in-law - especially if the latter were dependent on the couple - was not uncommon in the Indian milieu.
In the case, involving a Hauz Khas family, daughter-in-law Kusum Lata Sharma had questioned the 'validity' of a complaint filed against her under the DV Act by her mother-in-law Shakuntala Sharma. Her contention was that the Act was for redressal of married women who were subjected to cruelty by their husbands or in-laws.
"It is evident that the phenomenon which is sought to be addressed is 'domestic violence' and not 'domestic violence in the capacity of a daughter-in-law or the wife only' as contemplated under Section 498A," the judge said.
"The Act clarifies that even the sisters, widows, mothers, single women or those living with the abuser are entitled to legal protection," she added.
"...Reading (in totality) the domestic violence Act, it becomes abundantly clear that the legislator intended women relatives also to be respondents in the proceedings initiated by the wife or a woman living in any relationship in the nature of marriage," the court ruled.
Read more at: http://indiatoday.intoday.in/story/harassed-mom-gets-legal-shield-against-daughter-in-law/1/152127.html
T. Kalaiselvan, Advocate
(Expert) 05 February 2014
There is nothing that can restrain her from barging in with many false cases against her in laws, this women seems to be a little more intelligent that she indulged int cyber crimes against the author and his family members by morphing the photos as alleged and was also arrested and kept in remand for 10 days or so. Thus now she has come down with more fierce revenge activity. The author can contest the cases on the merits on his side and has a fair chance of winning over all the situations.
Devajyoti Barman
(Expert) 05 February 2014
It is standard formula now by warring wives now.
You can get your mother file case under DV against your wife.
Advocate. Arunagiri
(Expert) 05 February 2014
Under the DV ACt only wife can give the complaint on the husband and or his relatives. Mother can not give any complaint on her daughter in law.
V R SHROFF
(Expert) 21 April 2014
DV is Quasi Civil, FIGHT IT OUT..
