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jaig   09 July 2015

Dv 2005 - what does domestic relationship means for in-laws

In DV filed against in-laws of the husband, does the relationship of the wife with in-laws and any other relative come under the perview of this law if the concerned relative of the husband never stayed in the matrimonial home after 2 days of marriage, and most interactions were done over phone and email between the wife and the relative ?

According to my understanding for domestic vilence, there must be staying under same roof or physical interaction to take place. Has there been any clarification on the purvirew of this law by any judgement on relatives ?



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 2 Replies


(Guest)

What do you mean by inlaws of the husband????

 

inlaws of the husband means wife's parents, such case can be put by husbands mother over husbands inlaws citing domestic violence.

 

perhaps you are infering husband parents can be included under DV if filed by wife against her husband and her inlaws.  YES she can and there is no escape but facing trial.

 

One other thing which can be done is go convince wife to take back DV case by luring her with money and in turn asking her for MCD.

 

And regarding your understanding try making court understand the court while you all go on trial.  The court seldom understands neither your plight or understanding or the law itself and will pronounce some verdict in favor of your lovely wife. So better stop thinking about law and concentrate on convincing wife to take back DV case.

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jaig   10 July 2015

Sorry for the confusion. Yes I meant husband's parents and wife's in-laws.

Thaks for the reply, not mean to oppose your opinion, but trying to understand :

 

In the law, the term "domestic relationship" is explained to be a relationship between two persons, who live, or at any point of time, have lived together in a shared household, and it does cover family members living together as a joint family.

Does that mean domestion relation, i.e. living in same household, is an essential condition in domestic violence ?

If say the moher of the husband never stayed in the matrimonial home, can she be implicated based on few social interaction with the wife occured before the commencement of the marital life ?

I am seeking support along the line of the judgement "Vexatious petition, maintenance,relief is declined" (Delhi Court MM). Let me know if you have any idea.

I understand your downright discouraging advise to give in is the easy way, I am looking for supporting judgements to contest the case, as mine is similar to the above mentioned one. It would be better if you can clarify why you think there is no way out.

 


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