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498_final stage (Professional)     04 January 2013

Can a mother file domestic violence case on the behalf of th

can a mother file domestic violence case on the behalf of the girl???



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 12 Replies

Tajobsindia (Senior Partner )     04 January 2013

 

Originally posted by : 498a_Victim
  can a mother file domestic violence case on the behalf of the girl???  

 

1. Yes, provided she is custodial parent and the child is a minor then she can as C/o Guardian.

498_final stage (Professional)     04 January 2013

But the girl is not a minor. She is a 31 year old woman for whom the mother has filed a domestic violence case. Can you please review the law book and then respond to the question?

Tajobsindia (Senior Partner )     04 January 2013

I need not have to consult DV Bare Act thanks but no thanks for your comment.

1. Yes even in case the daughter is 31 years old and needs funding for higher education and or for her marriage and or harassment in hands of father exists the mother of this 31 years old can invoke provisions under DV Act, 2005.

Case law to above exists in
India
.

Other reasons are many to get admitted the case and prayed relief put on trial;

1.1 Mother here in reference is allowed person to act as information provider of domestic violence.
1.2 As being unmarried daughter.
1.3 As being not debarred/disowned by natural father via any available legal modes.
1.4 As having right to succession provided under HSA.
1.5 Mother is not being ex wife in reference.
1.6 Mother even having status of ex wife in reference cannot give up rights to relief as provided under DV Act which is State provision and a State cannot become necessary party to divorce proceedings to concede giving up Constitutional rights post divorce as such rights comes under State policies. 

I can go on reasoning as opined by various Courts but it will come as shock to you so I suggest now you refer to DV Bare Act / Law books then come and debate with me on DV Act.

Now I would like to hear what you have to say to para 1 and do refine question before aiming gun especially on me!

498_final stage (Professional)     04 January 2013

The daughter is earning.  She has been earning from last 6 years. She got married in Ghaziabad and already filed a  498a in Ghaziabad. 

The girl's mother then filed DV case from Kanpur. So  can she still file it even when girl got married Ghaziabad??

Tajobsindia (Senior Partner )     04 January 2013

In reply to your further query:

1. Yes here the mother acted as information provider for lodging DV Complaint on behalf of her married daughter and also note anyone can be information provider in family and/or before a Police Station and/or in a Magistrate Court and/or before a Service Provider such as a NGO and/or before State installed Protection Officer in each District(s).  

2. Further in reference since (probably) mother is living in Kanpur she being 'information provider on certain alleged acts of DV on her married daughter' has filed Complaint case from Kanpur on behalf of married 498ayed daughter showing incidences of Kanpur (my additional guess).

3. At admission hearing (if already not admitted) all that your side have to do is to seek its transfer to Gaziabad Jurisdiction if your side can show married aggrieved female person (daughter herein) ordinary residence from last 180 days to be of Gaziabad r/w most alleged incidences are of Gaziabad jurisdiction in reference to context. Also ask query here with more facts not the way you asked re-read first query of yours it gives impression of a case of a minor daughter as girl is mentioned for a married person !

Also note before firing bofors at me, DV Act has in-built provision where aggrieved person (married daughter herein) can file Complaint from even temporary residence and not necessarily the complaint has to be filed where marriage took place and/or where both daughter with respondent last lived and /or where last resided. It has vast jurisdiction so study Bare Act / Law books first before telling me to study.

 

498_final stage (Professional)     04 January 2013

Thanks a lot for your time. Here are few more details for you

1) All these incidents as mentioned by her mother are either in Ghaziabad or in GUrgaon. The girl was living in Gurgaon from last 4 months with her husband. They filed a complaint there first. And then her mother said that she would take the matter further from Ghaziabad or Kanpur. 

2) In her complaint of DV case, she is mentioning only about Ghaziabad and Gurgaon incidences as you correctly mentioned that she is just an informer and not the evidence. 

No mention of any incident in Kanpur. 

The marriage took place in Kanpur though. 

498_final stage (Professional)     05 January 2013

Didnt hear from you sir.....

Tajobsindia (Senior Partner )     05 January 2013

1. You did not hear from me because when I read your above reply para 2, I am under impression that you understood my last reply and may now act accordingly.

2. However, shall I say now it is time to take print out of my replies and have Chamber discussion with an advocate found via reference as my last reply is self sufficient and I need not have to add more as clarification to make Law so simple during internet interactions !

Ranee....... (NA)     07 January 2013

Originally posted by : 498a_Victim

But the girl is not a minor. She is a 31 year old woman for whom the mother has filed a domestic violence case. Can you please review the law book and then respond to the question?

ha ha ...lady, he is the great expert in the Dream Violence Act in the forum.

:D

498_final stage (Professional)     07 January 2013

What is a dream violence act??

Ranee....... (NA)     07 January 2013

Tajob has renamed Domestic violence Act..those two names are Dream Violence Act and Bharat Ratna Act.:D

stanley (Freedom)     07 January 2013

Its nothing but the domestic Violence act and his knowledge is such that he can churn the wheel in any direction . As a matter of fact it would be better if you download and refer the DV act.


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