Can mother file domestic violence case against son and daughter in law?

Tilak Marg Forum for Legal Questions Forums Family Law Can mother file domestic violence case against son and daughter in law?

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    • #1840
      Anonymous
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      I am old woman and senior citizen. My husband has died. I am living with my son and daughter in law and they have a 10 year old son. My son and daughter in law always harass me and torture me. I do not want to ask them to leave my house (house is in my name) since then I will be left alone. But I want that harassment to me should stop. Can I file a domestic violence case against my own son and my daughter in law?

    • #1845

      Yes, it is possible for the mother to file a domestic violence case against her own son and daughter-in-law (who are living with her). The provisions of the Protection of Women from Domestic Violence Act, 2005, are quite clear about this.

      This Act defines “aggrieved person” to mean any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.

      Further, the expression “domestic relationship” used in the above definition has been defined in this Act to mean a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.

      It is pertinent to point out that the word “consanguinity” means blood relation.

      From the above definitions, it is quite clear that a mother can be an aggrieved person under the above Act and she can file a complaint of domestic violence under the Act.

      It is also pertinent to point out that recently the Supreme Court has ruled that a domestic violence complaint can also be filed against another woman [See this news report].

      In view of these, it is possible for a mother to file a domestic violence case against her son and her daughter in law.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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