Introduction: Domestic Violence Case Can Be Filed By Mother-in-Laws
The Allahabad High Court recently ruled that a mother-in-law can be considered an “aggrieved person” under the Protection of Women from Domestic Violence (DV) Act. The Court clarified that she can file a DV case if harassed or tortured by her daughter-in-law or others.
Case Background
Justice Alok Mathur delivered the judgment while hearing a plea filed by a daughter-in-law and her relatives. The mother-in-law, the opposite party, had filed a case under Section 12 of the DV Act. She alleged that her daughter-in-law was forcing her son to leave his parental home and move in with her family. She also accused the daughter-in-law of misbehavior, threats, and stealing cash and jewellery.
Petitioner’s Stance
The applicants claimed the DV case was a counterblast to their own legal actions. They had filed cases under IPC Sections 498-A, 323, 504, 506 and under the Dowry Prohibition Act. A separate maintenance case under Section 125 CrPC was also pending. They challenged the Trial Court’s summons issued under the DV Act.
Court’s Ruling
The Court referred to the definitions under the DV Act. It stated that an “aggrieved person” can be any woman living in a shared household under a domestic relationship. This includes a mother-in-law residing with her daughter-in-law. The law does not restrict protection only to wives or partners. The DV Act is beneficial legislation and should be interpreted broadly and liberally.
Final Verdict
Justice Mathur found no fault in the Trial Court’s decision to issue summons. He held that the mother’s allegations raised valid grounds under Section 12. The High Court dismissed the application under Section 482 CrPC filed by the daughter-in-law and her family. The ruling confirms that mothers-in-law can seek protection under the DV Act when subjected to domestic abuse.
