DV Act and Maintenance & Welfare of Sr Citizen
Chetan
(Querist) 29 July 2010
This query is : Resolved
That my client is residing with his neighbour relative (aunty)….. in last month his mother served notice to that lady for partition …… but recently the lady filed a complaint under Domestic Violence Act and The maintenance & welfare of Parents and Sr. Citizens Act and sought relief that not to disturb her peaceful possession against my client..How to defend such caseWhether the complaint is maintainable under the provisions of above Acts ?
Raj Kumar Makkad
(Expert) 29 July 2010
DV Act cannot be filed against a woman so this is not maintainable but the Senior Citizen Act is applicable in the given facts. Maintenance is a part of this act and her old mother, if she has no source of income to maintain her then her petition is duly maintainable.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 29 July 2010
Dear Author,
As per the reecent judgement of Delhi High Court, domestic violenece can be be filed against the females also.
