Dv complaint by mother-in-law

ur mother has to file the case on you; in which ur wife would be a party.

if the wife is living with you, first collect the evidences of her misdeeds before taking any legal steps. this can be done by - video, audio recording, phone call recording, collecting witnesses who will at a later stage appear in court etc.

also beware that -

as u can file cases against her, the wife also can file cases against u.

yes, she will have to file case on you.

Definitions of relative and respondent as per DV Act.

“relative” includes any person related by blood, marriage or adoption and living

with the respondent;

 “respondent” means any person who is or has been a relative of the aggrieved person and

   against whom the aggrieved person has sought monetary relief or has made an application for

protection order to the Magistrate or to the Protection Officer, as the case may be;   

None of these definitions suggest that the relative or respondent needs to be male.  Hence I think you can directly file DV case against your wife on behalf of your mother.  Other members correct me if I am wrong.

If it is the intention of legislature to specifically target men then in the definition of "relative or respondent" it would have specifically used the phrase "male/man and others (whether male or female) supporting him" in the place of "person".

Awesome,  how can MIL file case on DIL ?

My wife hit my mother, father  and then filed false 498a ? Is there a way for my parents to file DV case ? Plz guide me ?

Also, my father is senior citizen(>65yrs) and can he file any case on DIL for hitting him ?

thx

“aggrieved person” (DV Act) means any woman who is or has been a relative of the respondent and who alleges to have been subjected to act of domestic violence by the respondent

The phrase "any woman" in the above definition could be MIL also not necessarily DIL. Your father cannot file a case against her under DV Act but your mother can do. I do not know what is the practise existing so I am not sure.  However I am sure that the definitions of "respondent" and "relative" do not suggest that the respondent or relative shall be necessarily male, hence it is necessary to implicate husband of DIL in order to take action against DIL in case she indulges in violence against MIL.  All the confusion because in Section 4(1) of Act word "he" is used. Hope better sense prevails.

Thanks for pouring in all the help!

@Chandrsekhar ji:

To summarize, It is possible for me or my mother to file a DV case my wife. If we can provide supporting documentaty evidences, it will make our case even stronger.

Please correct me if I am missing something here.