Can a mother lodge a petition against her daughter under domestic violence act

sujinprem (Querist) 27 September 2011 This query is : Resolved
can a mother lodge a petition against her daughter under domestic violence act ?

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ashok kumar singh (Expert) 28 September 2011
yes.........

Guest (Expert) 28 September 2011
Of course, she can.

Under the provisions of domestic violence act any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to act of domestic violence by the respondent is an aggrieved person.

Ajay Bansal (Expert) 28 September 2011
No.See defination of 'Respondent' in the Act.

Sailesh Kumar Shah (Expert) 28 September 2011
Answer given at:-
http://www.lawyersclubindia.com/experts/Can-a-mother-lodge-a-petition-against-her-daughter-under-domestic-violence-act--234416.asp

Guest (Expert) 28 September 2011
Yes a mother can file a Police Complain on behalf of her daughter u/s 3/4 DV Act (as ur case) but a mother can't make police complain in behalf of her daughter in case of u/s 498(b)IPC.

Guest (Expert) 28 September 2011
Experts please correct me if i am wrong!!

Raj Kumar Makkad (Expert) 28 September 2011
Manoj! Query and your reply are entirely in opposite direction and these have no link with each other.

Mother can also file application under section 12 of DV Act against her own daughter if both of them have been in domestic relationship. Definition of Respondent is wide enough.

prabhakar singh (Expert) 29 September 2011
MS.Indira Jaising, Senior Advocate,Who
is known for the kind of pioneering work that she has done to make this law a possibility
for us once in a Second National Women’s Conference spoke as follows::....

"The law redefines domestic relation - the law recognizes that women’s rights are violated not
only in their capacity as wives but also as mothers, sisters, daughter and live-in partners. It covers all
relationships under definition of the domestic relationship, and I was happy to read that they are many
people in the category of elderly who have now started using the law. There have been cases where elderly
mothers have gone to court and accessed this law claiming the rights to reside and their right to
maintenance. In that respect, it marks a major breakthrough in recognizing the reality of violence which
occurs against women and seeks to provide remedies."

Arun Kumar Bhagat (Expert) 09 October 2011
Annexed- Judgement of Supreme Court where it has been held that Women can be made Respondent.

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