Can a mother lodge a petition against her daughter under domestic violence act
sujinprem
(Querist) 27 September 2011
This query is : Resolved
please respond immediatly
Guest
(Expert) 28 September 2011
Why not?
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.
Shonee Kapoor
(Expert) 28 September 2011
No, she can not.
The mother can file PWDVA, 2005 against her daughter-in-law but not against her daughter.
however, if the mother is a senior citizen and daughter is earning, mother can ask for maintenance from daughter under Senior Citizen Act of 2007.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Ajay Bansal
(Expert) 28 September 2011
No. See defination of 'Respondent' in the Act.
Sailesh Kumar Shah
(Expert) 28 September 2011
She can't lodge complain under the PWDVA. Since daughter is not under the act.
Raj Kumar Makkad
(Expert) 28 September 2011
Though there is no direct mention of daughter or daughter in law or any other relative in the Act under the head respondent but if the definition is expended then definitely daughter is also covered therein and there is no specific exemption to her thereto.
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."
