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Adv Madhura Dalvi   08 August 2016

Can sister file a dv against the brother& claim maintenance

Can a younger sister, who is unmarried file a DV against her elder brother and claim maintenance from him. Both the brother and sister are residing in the same house.

Can I get appropriate acse laws for the same.



Learning

 9 Replies

Kumar Doab (FIN)     08 August 2016

They are related by blood relation and as confirmed by you 'Both the brother and sister are residing in the same house.'

   

You may go thru DV Act;2005;Sec:2, 3 

https://ncw.nic.in/acts/TheProtectionofWomenfromDomesticViolenceAct2005.pdf       

               

               

                              

 

 

1 Like

saravanan s (legal advisor)     08 August 2016

sister can file dv case against her brother 

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 August 2016

domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain control over another intimate partner

1 Like

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     08 August 2016

A case will definitely lie at th instance of a sister against the brother. However maintenance shal not be something which she can claim as a matter of right. It shall be only applicable in case loss of earnings or emploiyment oportunities are proved.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

1 Like

Pawan S (06292021602) (Advocate)     08 August 2016

1. The definition as per section 2 (a) of the protection of women  from domestic violence act, 2005, if the sister is aggrieved person, then'

 

"(a) "aggrieved person" mean, any woman who is" or, has.. been, in a domestic relationship with the respondent and who alleges." to have been, subjected to any act of domestic violence by  the respondent;

and the meaning of domestic relationship as per subsection (f)  is

(/) "domestic relationship" means a relationship between two persons who  live or have. at any point of time. Lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.

The domestic violence is defined in section 3 (f) (iv) (a to d).

Therefore, she (sister) can able to file the complaint under the said law.

 

 

2. The right of maintenance cannot be enforced against brothers. It can be enforced only against parents and husband.

1 Like

Ms.Usha Kapoor (CEO)     10 August 2016

Yes! She can.

Ms.Usha Kapoor (CEO)     10 August 2016

Yes! She can.

Sudhir Kumar, Advocate (Advocate)     10 August 2016

What is the case

Adv Madhura Dalvi   22 August 2016

Originally posted by : Sudhir Kumar
What is the case

The case is such  Mr. Kumar that, the Applicant is a younger sister who isnt married, and the Application has made by her against the elder brother and his wife that they have time and again made the Applicant a victim of domesti violence and that the Husband and wife do no give her money for her personal expenses. The applicant and the said couple reside in the same house, which is an ancestreal property.

So, the Applicant has moved to the court seeking reliefs that sh emay be give and provided with maitenance and that the Respondents be punished for conducting domestic violence upon her.


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