cpc

discharge in domestic violance


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

 
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Lawyer

all depends upon the facts and circumstances of the case.

present complete facts first.

 
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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.
 
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Lawyer

Anil has given a better opinion.


Total likes : 1 times

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

 
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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.

 
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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

"


 

 
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Practicing Lawyer

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

 
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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 ....

 

 
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Friends,

I am inclined to revise my opinion in view of a Bombay High Court Judgement dated 25th August 2009 - http://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"

 
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