In a significant order, Bombay High Court has ruled that complaint can be filed against female relatives of husband under the Domestic Violence Act.
In a significant order, Bombay High Court has ruled that complaint can be filed against female relatives of husband under the Domestic Violence Act.
In the present case the petitioner, a woman who was driven out of house by her in-laws, had filed a complaint against her husband, mother-in-law, and two sisters-in-law.
The complaint against her mother-in-law was relevant, because the petitioner had sought a relief that she be allowed to live in the house which was in her mother-in-law's name.
Archana Naik, the petitioner, married Hemant Naik in May 1986. Her relations with her in-laws soured a few years after the marriage. In June 2004, according to her complaint under `Protection of Women For Domestic Violence Act', she was beaten up by her husband, mother-in-law and others, and was thrown out of home.
She filed a complaint with the magistrate under the Act, demanding, among other things, that she be allowed to live in the matrimonial house.
The Magistrate, in 2008, passed an interim order, asking her in-laws to allow her to stay in their house. Judge also asked police in Daman to provide her with protection.
Urmilaben Naik, her mother-in-law, along with others challenged magistrate's order before sessions court.
They contended that under the Domestic Violence Act, relief cannot be sought against a female relative of husband.
They also argued that house -- which they were ordered to share with Archana -- belonged solely to Urmilaben, so Archana had no claim on it.
Sessions court upheld this contention, deleting names of female relatives, including the mother-in-law, from the proceedings.
But the High Court, in their order last week, reversed this direction.
Justice Abhay Oka held that if the legislature wanted to exclude female relatives from the definition of "respondent", it would have specifically made such provision.
Justice Oka, therefore, quashed sessions court order, and asked Magistrate to proceed with the trial.
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