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help.me.with.divorce (manager)     17 November 2011

Can husband's mother file a dv against her son wife?

Can husband's mother file a Dv against her son wife? I mean to say If a wife file a false 498a, can't a mother file a false DV in a counter attack? Wife's intention - to keep husband family running around the court, wasting time, wasting money and having bad name in society. Please let me know the consequences.


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 30 Replies

K.P.Satish Kumar (Advocate)     17 November 2011

The husband mother has no right to file the divorce case on behalf of the son, But she can act as a poweragent for her son in the divorce case.

K.P.Satish Kumar M.L.

Advocate, Chennai-9962999008.


(Guest)

The author of the above post has not got the query clear...the question is not about Divorce..it is about whether the husbands mother can file a DV against her daughter in law...to harass them.

The answer is yes...she can..

Ranbir

help.me.with.divorce (manager)     17 November 2011

Consequences?????

Tajobsindia (Senior Partner )     17 November 2011

1. I agree to Ranbir.


2. I disagree to a haste take of one of my ld. brother without going over the most recent SC case laws on asked subject topic and without referring to 'substance' under 'object and intent' of the whole Act, 2005 which is the only applied judicial wisdom as in; form to interpret any given Act / Code in re. to Indian Jurisprudence !


3. YES MIL can very well file case under DV act against DIL making son as first party and her DIL as second party. The common jointer here is her own SON.


4. Consequences are that a MIL can get desired relief under protection order over atrocities committed by DIL against her and indirectly against her own son. Simple and straight in easy interpretation my take is all about.  

Rohit Shukla (Engineer)     17 November 2011

@ Satish Sir - I think you acted too fast to reply to an unasked query   .... the question is about DV and not about Divorce

@ Sameer - Yes she can .......

Apart from what Tajobs Sir has stated, there is one more advantage ---- Under DV she can claim maintainence from her son and indirectly can get the net income of the son reduced when maintainance will be calculated for daughter-in-law in her DV/CrPC 125 etc. Am I correct TaJobs Sir?

Regards,

Rohit 

2 Like

(Guest)

It's not possible she can file for her son not for DIL.

Tajobsindia (Senior Partner )     17 November 2011

Originally posted by :Rohit Shukla

"


there is one more advantage ---- Under DV she can claim maintainence from her son and indirectly can get the net income of the son reduced when maintainance will be calculated for daughter-in-law in her DV/CrPC 125 etc. Am I correct TaJobs Sir?

"

ha ha

What a boundary you tossed before us. Till mine times some of us were advising son’s to ask parents to file S. 125 CrPC now with advent of DV Act, 2005 see how family law dramatics changes the whole equation and adds to husbands arsenal of facing multiplicity of maint. claims by errant wives club !!



That is why it is yours truely called BHARAT RATNA The Act, 2005


Brother, I think I should visit this form more often to get younger (third) generations practical ideas instead of going on a week long vacation with family when few time pass metro wives complained of my absence to all in sundry...........


Issi kahatey hai ghar ka ‘jugad’............

1 Like

Arup (UNEMPLOYED)     17 November 2011

Can husband's mother file a Dv against her son's wife? I mean to say If a wife file a false 498a, can't a mother file a false DV in a counter attack? Wife's intention - to keep husband family running around the court, wasting time, wasting money and having bad name in society. Please let me know the consequences.

 

try to avoid falsehood.

it will pay one latter on.

anyhow mother in law has the right to file a dv case against her son in law
 

Tajobsindia (Senior Partner )     17 November 2011

@ Arup


Welcome back !


(Guest)

@Arupji

Wellcome to lci.How are you ?

help.me.with.divorce (manager)     17 November 2011

@all who replied - I meant is, like a mother giving back to her daughter-in-law as DIL file a false case, just to harras her husband and in-laws. Would that be correct by a mother to retaliate with a DV complain against her DIL?

(Guest)

Yes , I do remember one girl was remembering/searching around 6 people in the forum

ARUP ji and TajobsIndia was in her list.


(Guest)

How come, someone with Member account deleted is online...I see the green light glowing..

Ghost memeber???????????

Ranbir


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