Whether Mother-In-Law Can File Domestic Violence Cases Against Her Own Daughter-In-Law

INTRODUCTION

The families in India are as big as they complicated to asses one by one. The family disputes between are not uncommon. One pertinent legal question that arises is whether a mother-in-law can file domestic violence cases against her daughter-in-law. The term "domestic violence" encompasses physical, emotional, verbal and economic abuse. This article explores through the probable chances which is suitable for this situation.

GROUND

There are certain circumstances, where the mother-in-law can seek redressal, such as-

• There are any bodily harms or injuries.
• Existence of any psychological distress or verbal abuse such as, insults, ridicule, humiliation, or threats etc.
• If the mother-in-law is getting deprived from financial resources or property.

PROVISION

There are some legal assistances which can be useful to proceed, which are-

1. Under Protection of Women from Domestic Violence Act, 2005 [DV Act] section 2(a), defines "aggrieved person" as any woman who is, or has been suffering domestic violence while she is in a domestic nexus with the abuser.

2. Also, section 12 of above mentioned Act allows an aggrieved person to present an application to the magistrate seeking one or more reliefs.

3. Section 18 of the DV Act, 2005 provides for protection orders.

4. Section 19 of the said Act, 2005 provides for residence orders.

5. Section 20 of the above-mentioned Act, 2005 provides for monetary reliefs.

6. Section 22 of the mentioned Act, 2005 provides for compensation orders.

7. Also, one can seek remedy by using constitutional rights such as, article 21, article 14 etc.

CASE LAW

There are some important landmark cases which has created aspects towards this topic such as, in the case of Kusum Lata Sharma v. State & Anr. (2011) the Supreme Court held that a mother-in-law could file a complaint against her daughter-in-law, if she is subjected to domestic violence. Another case is Biju Sreenilayam v. Raji (2014)in which the High court retaliated that the mother-in-law could seek relief under the DV Act if there is sufficient evidence of domestic violence.

CONCLUSION

The protection in respect of women from domestic violence Act, 2005, provides a strong framework for addressing the violence, especially within families. It is crucial to understand that the law is designed to protect all women, including mother-in-law from abuse, which also have explained through this brief. It ensures the steps for the purpose to act as a safeguard towards the well-being of elderly people as to protect the natural justice.