SC - women can be respondents in Domestic Violence cases

NOT ONLY WIFE ANY WOMAN OF THE FAMILY MAY COMPLAIN.

FIRST OF ALL, THE WOMAN HAS TO BE ESTABLISHED THAT A FAMILY RELATION EXISTS, WITH THE ACCUSED. NOW SC EXPANDED THE DEFINATION OF RESPONDENT (AS PER MR PRABHAKAR).

THEREFORE THERE IS NO CAUSE WHY A MIL OR SIL CAN NOT COMPLAIN AGAINST DIL/ SIL.

Ms. Ambikaji:

 I just only wrote what impression I got first when I saw the title and how it changed after I read the judgment. I have no problem with DV Act, whether it is pro-wife or anti-wife.

As regards the DV Act

Respondent under the Act is defined as a male. It also speaks of relationship by marriage or in the nature of marriage. The definition is drafted in such a way that it refers to the relationship of the wife with the husband and similar. As relatives of the husband are also included the respondents from No.2 onwards can be female also. But the definition restricts the respondent No.1 to be a male. So a D-I-L cannot be respondent No.1. She can be respondent No. 2 to n.

The ‘preliminary’ states

An Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.

Hence the law is available to any woman, not necessarily to the wife only.

There are cases, where husband and wife together harass the old widowed mother of one of them mostly that of the husband, because she may be a financial burden on them, or that she has property, which they want to appropriate. In such cases also the DV Act can be applied. But the problem is a mother will not go that easily against a son or daughter, as a wife may against the husband. Also whereas a wife may have her parents to support her, a widowed mother will have none.

Actually the women oriented acts are not so much against men. They are more for young women against older women.

This is strictly my interpretation of the law and does not constitute a pro-women or anti-women stand.

'  They are more for young women against older women '

- true

helpful decision

Friends this is a great judgemnt. But why this situation has come?

Its because of wrong & lopsided laws in our country.. now we have 01more dangerous law being formd.. its: 'Right to Marital Property Act'.. this will kill families & relations.. people will marry for property & money.. we all need to voice against implementation of this law.. I request SIF & other pro family groups/ NGOs to unite & fight against this... proposed law.. my sisters's devar's wife ran away from home (with one of the neighbour) leaving small kids behind.. and now she is claiming money for divorce.. can such females be entiteled to sharing property?? I am sure many cases will be there around us.. such laws, if brought in will create disharmony & increase in family crime.. we should approach senior advocates along with NGOs to legally find the way out to stop such laws.. families in general & men in paricular are already suffering from exisiting draconian laws.

Dear Ld. lawyers,

Will this judgement help to file a DV case against DIL who harasses her mother-in-law to get her (MIL's) ancestral property from the MIL's brother?

Harassment here refers to 'not respecting her or not allowing her to touch her grandchild, calling her names, arrogant behaviours like shouting or giving arrogant answers, threatens her not to tell anything to husband who is abroad!

Will these grounds help the MIL to file a DV case against her DIL???

REgards

Nanda

can any ld. lawyer answer the above queries?

thanks

nandha

Mr. Fraud_victim

“ now we have 01more dangerous law being formd.. its: 'Right to Marital Property Act'.. this will kill families & relations.. people will marry for property & money.”

Which people will marry for property?  Men, women or both?

Hindu Succession Act was passed in 1955. It was supposed to have been enacted to give women equal right to intestate property. Daughters became par with their brothers. Who benefited, daughters?

उत्तमो आत्मना ख्याता ख्याता पितरेण मध्यमा

मातुलेनधमाख्याता श्वशुरेणधमाधमा

 The one who becomes famous on his own is the greatest. The one inherits father’s greatness comes second. The one who depends on his maternal uncle is low. But the one who aims to become great through father-in-law is lower than the lowest (Adhamaadhama)..

 The Adhamaadhamaas aim to marry daughters of rich men. Most often the girl is not capable of looking after inherited property. And the husbands takes over the property and appropriates it to himself.

 If the proposed legislation is passed it will benefit the Adhamaadhamas. If they marry and divorce half the wives’ property is theirs.