Can a complaint be filed against a woman (e.g., mother-in-law) in Domestic Violence?

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Answer By law4u team

Yes, a complaint can be filed against a woman, including a mother-in-law, under the Protection of Women from Domestic Violence Act, 2005 (PWDVA). However, only a woman can be the aggrieved person (victim), while the respondent (accused) can be: an adult male (primarily), and in certain cases, female relatives of the husband or male partner — like mother-in-law, sister-in-law, etc. Key Legal Provision: Section 2(q) of the PWDVA defines the respondent as: "Any adult male person… and also includes his relatives", Which has been interpreted to include female relatives too, such as mother-in-law, if they are involved in harassment, cruelty, or abuse. Important Case Law: Hiral P. Harsora vs Kusum Narottamdas Harsora (2016) – The Supreme Court struck down the phrase “adult male” from Section 2(q), allowing complaints against women also under DV Act. Therefore: A wife or female live-in partner can file a domestic violence complaint against her mother-in-law, sister-in-law, or any other female relative of the husband if there's evidence of abuse. Reliefs available to the victim: Protection orders Residence orders Monetary relief Custody orders Compensation Conclusion: Yes, under Indian law, a woman (like a mother-in-law) can be named as a respondent in a Domestic Violence case if she is alleged to be involved in cruelty, mental or physical abuse, or harassment.

Answer By Ayantika Mondal

Dear Client, In accordance with the Protection of Women from Domestic Violence Act of 2005 any adult male member and female relatives including the mother-in-law and sister-in-law may be the subject of a complaint. of the male spouse or partner. In Hiral P. the Supreme Court upheld this. In Kusum Narottamdas Harsora [(2016) 10 SCC 165] it was decided that the phrase adult male in Section 2(q) was unconstitutional thereby permitting complaints to be made against women as well. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

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