LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SuperNuvos (Own)     29 April 2012

Dv complaint by mother-in-law


 This is regarding my situation where we all live in the house owned by my father. My wife and I are on the verge of divorce and have been having marital discord for past 2+ years. My wife has been abusive and ill mannered all the while. She has been disrespectful to my parents and treat them very badly. My mother does all the household work and looks after our child...on the other hand....my wife doesnt enter the kitchen at all...still she ill treats my mother all the while and calls her "naukarani" (maid). My parents have been keeping quiet all the while and are really afraid as my wife loves to argue and create a scene by shouting at the top of her voice. In this case, is it possible for my mother to file a DV case against my wife?



 7 Replies

Shantanu Wavhal (Worker)     30 April 2012

ur mother has to file the case on you; in which ur wife would be a party.

if the wife is living with you, first collect the evidences of her misdeeds before taking any legal steps. this can be done by - video, audio recording, phone call recording, collecting witnesses who will at a later stage appear in court etc.


also beware that -

as u can file cases against her, the wife also can file cases against u.

Ranee....... (NA)     30 April 2012

yes, she will have to file case on you.

Anjuru Chandra Sekhar (Advocate )     30 April 2012

Definitions of relative and respondent as per DV Act.

“relative” includes any person related by blood, marriage or adoption and living

with the respondent;


 “respondent” means any person who is or has been a relative of the aggrieved person and

   against whom the aggrieved person has sought monetary relief or has made an application for

protection order to the Magistrate or to the Protection Officer, as the case may be;   


None of these definitions suggest that the relative or respondent needs to be male.  Hence I think you can directly file DV case against your wife on behalf of your mother.  Other members correct me if I am wrong.


Anjuru Chandra Sekhar (Advocate )     30 April 2012

If it is the intention of legislature to specifically target men then in the definition of "relative or respondent" it would have specifically used the phrase "male/man and others (whether male or female) supporting him" in the place of "person".

kumar101 (clerk)     30 April 2012

Awesome,  how can MIL file case on DIL ?

My wife hit my mother, father  and then filed false 498a ? Is there a way for my parents to file DV case ? Plz guide me ?


Also, my father is senior citizen(>65yrs) and can he file any case on DIL for hitting him ?



Anjuru Chandra Sekhar (Advocate )     30 April 2012

“aggrieved person” (DV Act) means any woman who is or has been a relative of the respondent and who alleges to have been subjected to act of domestic violence by the respondent


The phrase "any woman" in the above definition could be MIL also not necessarily DIL. Your father cannot file a case against her under DV Act but your mother can do. I do not know what is the practise existing so I am not sure.  However I am sure that the definitions of "respondent" and "relative" do not suggest that the respondent or relative shall be necessarily male, hence it is necessary to implicate husband of DIL in order to take action against DIL in case she indulges in violence against MIL.  All the confusion because in Section 4(1) of Act word "he" is used. Hope better sense prevails.



SuperNuvos (Own)     03 May 2012

Thanks for pouring in all the help!

@Chandrsekhar ji:

To summarize, It is possible for me or my mother to file a DV case my wife. If we can provide supporting documentaty evidences, it will make our case even stronger.

Please correct me if I am missing something here.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register