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Ramesh (student)     09 April 2012

Dv act 2005-domestic relationship

Dear Sir,

Wife left the house of a husband by her own will and came to her parents home without informing her husband

when he was out of home for his job.she left her in jan 08.Husband is living separately from his parents from the date of marriage and his wife visisted the husband's home for a few days.Now she has filed a case of DV ACT TO parents of husband,mother.

AS per definition of domestic violence act and verdicy of the judge is that the order can be passed only against the ‘respondents’ who had been in ‘domestic relationship’ with the ‘aggrieved person’.

 can court will consider her case  against her in laws in the circumstances when she has left her husband 4 years back willingly and also  had been lived with  her in laws  for a few days before 6 years.

In one of the case it was pleaded by the defence lawyer  that

The domestic relationship between the aggrieved person and the respondent must be present and alive at the time when complaint under Domestic Violence Act is filed and if this relationship is not alive on the date when complaint is filed, the domestic relationship cannot be said to be there.

In view of above kindly guide will in laws  will come under the purview of having domestic relationship ?

please also eloborate the meaning of domestic relation ship with an example to take suitable steps in the proceeding.

regards

Ramesh



Learning

 1 Replies

Legal Fighter (Advocate)     09 April 2012

refer to attached judgment.

"Where a family member leaves the shared household to

establish his own household, and actually establishes his own household, he cannot

claim to have a right to move an application under Section 12 of Protection of Women

from Domestic Violence Act on the basis of domestic relationship. Domestic

relationship comes to an end once the son along with his family moved out of the joint

family and established his own household or when a daughter gets married and

establishes her own household with her husband."


Attached File : 125465015 adil.pdf downloaded: 209 times

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