Domestic Voilence
Kiran Srivastava
(Querist) 03 July 2009
This query is : Resolved
I want to file a case of domestic voilence against my husband. Can I also make party to my mother in law and sister in law as they both tortured me along with my husband.
SHYAMSUNDAR
(Expert) 03 July 2009
Remedy is available against all who tortured u.
U can file a complaint with police U.Sec.498A if u r tortured and mentally harrased.
The details of harassment are essential to advise u else attracted provisions.
A V Vishal
(Expert) 03 July 2009
Dear Kiran
The Protection of Women from Domestic Violence Act 2005 has come into force Primarily meant to provide protection to the wife or female live-in partner from violence at the hands of the husband or male live-in partner or his relatives
You can file a case as "domestic relationship" defined under the D V Act means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.
PARTHA P BORBORA
(Expert) 03 July 2009
there is no bar to file the case agaist ur mother in law and sister in law.
SANJAY DIXIT
(Expert) 03 July 2009
Dear Kiran,
A woman can file a complaint against any adult male perpetrator of {Section 2(q) Of Protection of women from domectic voilence Act 2005]an act of voilence. In case where the woman is married or lives in a relationship that is in the nature of marriage, she can also file complaint against the male or female relatives of the husband/ male partner who have perpetrated the voilence.
The proviso to Section 2(q) was included in the PWDV Act as, under section 498A of Indian Penal Code, it is possible to prosecute the relatives of the husband for cruelity, whether male or female. Example, mother in law, sister in law, father in law etc.
PALNITKAR V.V.
(Expert) 04 July 2009
No doubt that females are liable u/s 498A. Question is about Domestic Violence Act.There are contrary views about liability of females under Domestic Violence Act. one view says that female members are not liable the other says that they are liable. However, beneficial construction of statute should be accepted keeping in view the object of the Act. Hence, female members should be liable.
Sarvesh Kumar Sharma Advocate
(Expert) 04 July 2009
if they both tortured you then you can move case of domestic voilence against both of them with ur husband.
