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wishal (sr)     28 February 2015

Can husbands mother file dv on wifw?

Respected sir my wife deserted sine last 10 months she lived with me just 2 months. One year completed recently post marriage. Nw for divorce ask8ng huge money otherwise no talk.

Can my mother file dv on her??? 



Learning

 5 Replies

saravanan s (legal advisor)     28 February 2015

Convince her to go for mcd.its not possible to file dv case as you asked

fighting back (exec)     28 February 2015

 

https://timesofindia.indiatimes.com/city/mumbai/Woman-too-can-take-daughter-in-law-to-court-under-Domestic-Violence-Act-HC/articleshow/43480213.cms

 

Woman too can take daughter-in-law to court under Domestic Violence Act: HC

MUMBAI: It's not only a woman who is the wife or live-in partner of a male abuser who is entitled for relief under the Protection of Women from Domestic Violence Act. Even other women in a domestic relationship with him [abuser] in a shared household are entitled to it, the Bombay HC ruled on Thursday. 

In other words, a mother can now file a complaint against her daughter-in-law or daughter. Also, a woman can file a case against her sister-in-law and sister. 

While hearing a challenge to the constitutional validity of Section 2 (q), which restricts definition of a respondent to a husband or male partner, a division bench of Chief Justice Mohit Shah and Justice M S Sonak said definition of aggrieved persons and domestic relations under the scheme of the Act is wide enough to include other than a wife or woman live-in partner. 

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     28 February 2015

Dear, Better go for divorcee on the ground of cruelty and contest your case on merits and don't any money ..... Kapil Chandna Adv 9899011450

CompelledToLearnLaw (Financial Examiner)     28 February 2015

Yet another wrong advice by Saravanan.S. Dear Saravanan.S, isn’t it better to stay quiet instead of giving wrong answers? At least write a disclaimer that u r not sure about ur answer and that u r guessing. Pls resist the urge to address a question for which u do not even have the layman’s knowledge. One of ur answers was that the mutual-consent-divorce takes one year. Why even answer if u r guessing? U can ruin someone’s life by guessing answers.  

 

Wishal, ur mother can certainly file DV against ur wife. As pointed out by fighting back:

“Woman too can take daughter-in-law to court under Domestic Violence Act: HC. The judges passed their verdict in line with a Delhi HC ruling upholding inclusion of a mother for relief. It was upheld by the apex court.”

Reference:

https://timesofindia.indiatimes.com/city/mumbai/Woman-too-can-take-daughter-in-law-to-court-under-Domestic-Violence-Act-HC/articleshow/43480213.cms

 

“The government lawyer today argued that the Act was brought in for a specific reason and it cannot be generalised. Under the Act, a mother can file a complaint against her son and the daughter-in-law but a sister cannot file a complaint against her brother's wife, or her own sister.”

Reference:

https://www.dnaindia.com/india/report-domestic-violence-act-can-t-be-used-against-sister-or-sister-in-law-centre-1994963

T. Kalaiselvan, Advocate (Advocate)     03 March 2015

@Querist:  If you want to seek clarification for the relief you are in need seek only that, do not go beyond that.  You want to divorce your wife for her desertion, in this where is the question of domestic violence ?  Why do you want to misuse the law ?, if at all there was any violent act by her towards your mother, your mother can approach court or appropriate forum seeking justice under the provisions of the DV act against your wife, but just to take revenge on her for her demand of huge amount, your mother cannot file a domestic violence case against her.   For filing  a case under mutual consent divorce also the period of separation should be more than one year.  You may consult a lawyer in the local and proceed as per his further advise.


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