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Pragnesh Nathavat (physical therapist)     03 April 2010

can a mother in law file DV against daughter in law?

hi all lawyers, other experts and fellows,

my wife has left me since almost 2 yrs now. and she has 498 A, Crpc 125 and DV all these cases against me. When she left us, my mother was suffering from cancer. and in such a bad and tense atmosphere of home she made it worse with all quarrels. even her parents and advocate brother also accompanied her to harass us thru out her time at my home. even after she left, all legal terrorism is done on us. now i think of my mother of filing a domestic violence case against my wife. because my mother is also a female, and she had undergone immense harassment and cruelty directly by my wife and indirectrly by my in laws. Which i think is violence within 4 walls of home. Why she cant file a domestic violence case against my wife????????????? 

and if by any means the answer is "yes", what she can claim?



Learning

 16 Replies

Tarun Kalra LL.M, M.B.A (advocate)     03 April 2010

the answer is no. your mother cant file a complaint in dv act against your wife because this act is not applicable on womens, this act is only applicable on women if they are relavtve of husband or in marriage relations. so your mother cant file a complaint, and cant make your wife a respondant under dv act.

G. ARAVINTHAN (Legal Consultant / Solicitor)     03 April 2010

complaint can be made by a woman against her husband or any relative husband..... the rider clause is clear under Section 2 Q

G. ARAVINTHAN (Legal Consultant / Solicitor)     03 April 2010

 

  


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complaint can be made by a woman against her husband or any relative of the  husband..... the rider clause is clear under Section 2 Q


(Guest)

please meet an expert lawyer , it can be tried

dawood ahmed (advocate)     03 April 2010

Dear Mr. Pragnesh Nathavat, in reply to your quiry i.e. whether your mother can file a case of domestic violence against your wife, as learned brothers Mr, Aravintham Ganesan and Mr.Tarun Kalra rightly said the answer is emphatic "NO". Overall reading of the Protection of Women from Domestic Violence ACt in the light of its aims and objectives it is clear that the Act enables the wife or the female living in a relationship in the nature of marriage to file a complaint against any relative of the husband or the male partner, it does not enable any female relative of the husband or the male partner to file a complaint against the wife or the female partner.

bhupender sharma (head)     03 April 2010

it is quit perfect.

Manmohan Insan (Consultancy)     03 April 2010

You can seek remedy in Law of Torts.

Though it is not much developed in India but it exists and can be helpful.

The wrongdoer must not go scot-free.

Pragnesh Nathavat (physical therapist)     03 April 2010

manmohan insan, wat is remedy in law of torts? wud u please explain in some detail, it will help me a lot. thanx.

Manmohan Insan (Consultancy)     03 April 2010

As it appears from yourgoodself's query, you know law. Therefore kindly buy one Bare Act of Law of Torts in India, please spend half an hour scanning it and many venues would open. HIMMATEY MARDA , MADDEY KHUDA. Good Luck. 

1 Like

O. Mahalakshmi (Law practiece)     10 April 2010

DVC is not against female to female.   Female Vs Male

G. ARAVINTHAN (Legal Consultant / Solicitor)     11 April 2010

female can file againt female who is in same/ share household

1 Like

Pragnesh Nathavat (physical therapist)     12 November 2010

you all have misguided me. anyways, my case is already "settled" now. but here is a link where a MIL filed DV case against DIL-----> https://www.mid-day.com/news/2010/nov/121110-daughter-in-law-harrasment-domestic-voilence-Pune.htm

superfast munnabhai (trainee)     12 November 2010

Aged MIL should be able to file DVC against the DIL as per the wording of the law.

 

DIL is the DIL of FIL also.

 

Hence DIL becomes a relative of that aged woman's aged husband irrespective if he is aliveor not !!! and also her son is also a son of her aged husband.

 

So every DIL is a relative of husband!!!!

Arup (UNEMPLOYED)     12 November 2010

hellow mr, querist,

the answer is - yes.

do not think that it is same as 498A

it is diffrent.

1 Like

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