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Adv. Amita A. Virkar (Advocate)     05 July 2009

discharge in Domestic Violance

Can mother in law be discharged under domestic violence Act, if there is an interim order against her...



Learning

 17 Replies

Kiran Kumar (Lawyer)     05 July 2009

all depends upon the facts and circumstances of the case.

present complete facts first.


(Guest)
Yes.Mother in law can be discharged under Domestic Violence Act because women do not come within the meaning of Respondent as defined in the act.

Kiran Kumar (Lawyer)     05 July 2009

Anil has given a better opinion.

1 Like

Adv. Amita A. Virkar (Advocate)     05 July 2009

Mr Anil but there is an interim order passed against her after tht hw she can be discharged...than tht order bcms infructuious.

ravi goyal (lawyer)     05 July 2009

no matter that an interim order has been passed. that may be due to lack of knowledge on the part of persiding  officer. proceedings can not be initiated against ladies.


(Guest)
Originally posted by :ANIL KUMAR MENON
"

Yes.Mother in law can be discharged under Domestic Violence Act because women do not come within the meaning of Respondent as defined in the act.

In a matter handled by me in Mumbai, Mother in law and Sister in law was discharged

"


 

Deepak Jain, Hisar (Practicing Lawyer)     08 July 2009

Mr. Anil Kumar is very Right...latest case law interprating the Relation excluding the Females !!

PRAKASHCHANDRA MARU (lawyer)     21 September 2009

in the defination of the respondent there is provision and in the said section only male person it is defination 2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

in the defination section it is cleary written that dfination 2 (g) any adult male person ....

 


(Guest)

Friends,

I am inclined to revise my opinion in view of a Bombay High Court Judgement dated 25th August 2009 - https://indiankanoon.org/doc/323922/ which I am convinced is the correct interpretation of s.2(q) of the Protection of Women From Domestic Violence Act, 2005.

According to the said decision if the aggreived person is a wife or female living in partner then the Respondent can be female relative of the Husband or live in partner. According to the decision if the agrreived person is other than the wife or female live in partner e.g. aggreived person is initating the proceedings in the capacity of mother, daughter or sister then the respondent can be only "adult male person". Proviso of s.2(q) has made exception in the case of wife and female live in partner.

Kiranji was right when he stated, "all depends upon the facts and circumstances of the case"


(Guest)

Friends,

I am inclined to revise my opinion, in view of a Bombay High Court Judgement dated 25th August 2009 - https://indiankanoon.org/doc/323922/ which I am now convinced is the correct interpretation of s.2(q) of the Protection of Women From Domestic Violence Act, 2005.

According to the said decision if the aggreived person is a wife or female living in partner then the Respondent can be female relative of the Husband or live in partner. According to the decision, if the agrreived person is other than the wife or female live in partner e.g. aggreived person initating the proceedings in the capacity of mother, daughter or sister then the respondent can be only "adult male person". Proviso of s.2(q) has made exception in the case of wife and female live in partner.

Kiranji was right when he stated, "all depends upon the facts and circumstances of the case"

santhosh (member)     03 December 2009

until intreim orders vacated

santhosh (member)     03 December 2009

until intreim orders vacated

Vardhaman Magdum (ADVOCATE)     01 April 2010

In my opinion,  Female relative of husband may not be discharged,  until intreim orders vacated

sharath kumar gopannagari (m.a.ll.b)     01 April 2010

anil stated very well the motehr in law or any woman can discharged from the domestic violence act


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