Christin 13 May 2022

I am a married women .can i file a dv case again my brother and dad

Hi,

My name is Christina am from MUMBAI. I am married women and have 3 yr old baby. Can I file a DV case against my own younger brother and my dad.

# I have been loving with them since my birth till the age of 34yrs . I am elder daughter.

# I have stepedd up for my family since the age of 13 as my dad was not working since 1996.

# since this pandemic 2020 ,y brother is acting funny and has decieved in our co owned flat.

# he is doing thing without my consent, forcing me to comply with his decisions,has done verbal abuse to me many times and now am not allowed to meet my own father.

# This has caused me great distress and am unable to focus on work or my baby.

# Also I am going to be homeless in a month's time am on rental

# I have stood for my family in the bad times and today am being Manuplated and spoken demenaingly and about to loose the roof over my head.

What should I do?where do I go.please help

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SHIRISH PAWAR, 7738990900 (Advocate) 13 May 2022

Hello,

You cannot file a complaint against your brother and father under DV act. It is specifically for marital violence. You can approach the local police station and file a complaint under IPC as per facts of your case.

sunny john 13 May 2022

yes you can. aggrieved person can file against any member in domestic relationship with her.

Manu Singal 14 May 2022

The only requirement to file a complaint under DV act is that the agrgrieved person must be subject to Domestic Violence in a domestic relationship under the shared household. There exist a domestic relationship in your case by way of consanguinity i.e. blood relationship. But you have mentioned that your brother has deceived in your co-owned flat and you are living in a rental premise, so it would be difficult to establish shared household in your case.

Puneet singh 14 May 2022

#for right in property– suit for declaration. ( and injunction if your dwelling house is same so no one can expell you from house)

#for abuse, deciving, shameful talks and acts– a complaint case to magistrate i.e CJM/MM