DV ACT
THANKACHAN V P
(Querist) 23 July 2011
This query is : Resolved
Dear friends today a complaint came before the court in which the second respondent is twin sister of the petitioner. Of course female relative of the husband can be made as respondent in DV case.But the question is whether a wife can file complaint against her own sister along with husband.Please furnish if there any ruling.
Ravikant Soni
(Expert) 23 July 2011
What r the allegations and relief sought against them??
THANKACHAN V P
(Querist) 23 July 2011
It is immaterial what is allegations and relief.It is only legal question whether a person than the relative of husband will come under definition of respondent.Please see definition of respondent in the Act.
"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 against a relative of the husband or the male partner;
sibasish pattanayak
(Expert) 23 July 2011
dear mr. Thankachan,
pl go through first s.2(a) of PWDV ACT for adjudicating the matter whether agrieved person has any " DOMESTIC RELATIONSHIP" WITH THE RESPONDENT OR NOT? IF they residing/resided in a shared house hold or not? so pl go first s.2(a), 2(f) , 2(s) then 2(q) automatically your answer will come out.
if the statue is clear in ur case then there is no NEED TO RELY ANY CITATION.
REGARDS
SIBASISH PATTANAYAK, ADVOCATE
09874854594.
DEAR THANKACHAN V P,
PLEASE GO THROUGH S. 2(A), 2(F) , 2(S) ,2(Q) , IF THE STATUTE IS CLEAR IN YOUR Case then there is no need to rely any citation.
regards ,
sibasish pattanayak ,Advocate
09874854594
