DVC after death of husband
sanjay kumar patibandla
(Querist) 24 March 2010
This query is : Resolved
one lady filed case U/s 498 A of IPC. Her husband filed petition to declare him as a guardian of their minor child by handovering the minor children from her. That lady filed maintenance case against her husband.
After some time all the matters are compromised and started living together.
After six months again quarrel started between them. One day elders sit for compromise. Due to this stress husband died due to heart attack on that day only.
After that that lady filed succession petition before the court for some properties by keeping mother-illa as R1.
Now she wants to settle the matters. So She filed case under Domestic Violence act against her motherillaw and all her relatives to threaten them.
Is it maintainable after death of her husband ?
What mother illa has to do?
adv. rajeev ( rajoo )
(Expert) 24 March 2010
Domestic violence act cannot be filed against the mother in law because she is also woman. DV act is not at all maintainable.
Mother is also entittle for the share in the properties of the deceased son, if any, being class I legal heir
