Answer By law4u team
While the Protection of Women from Domestic Violence Act (PWDVA), 2005 primarily focuses on the rights and safety of women who are direct victims of domestic abuse, it also recognizes the complexities of family dynamics. In many cases, abusers may also target extended family members—such as siblings, parents, children, or other relatives—for supporting the survivor. The law allows for certain legal remedies and protective measures to ensure these individuals are not harmed or harassed.
Legal Provisions for Extended Family Members
Understanding the Term ‘Respondent’ (Section 2(q))
Originally, the term respondent in the Act referred only to an adult male who is or was in a domestic relationship with the aggrieved woman. However, later judicial interpretations expanded its scope. Courts have allowed action against female relatives and others involved in aiding or abetting abuse.
Protection of Shared Household (Section 17 & 19)
Even if extended family members (e.g., children, elderly parents) are residing in the shared household, they cannot be forcibly evicted. They too can benefit from residence and protection orders.
Right to Reside and Protection Orders
If the abuser tries to threaten, harass, or harm extended relatives, the survivor or affected relative can approach the court for a protection order to restrain such behavior.
Relatives as Indirect Victims
Though the Act does not directly list extended relatives as aggrieved persons unless they are women, courts have in some cases protected minors and dependent relatives who suffer harm due to their association with the victim.
Criminal Law Provisions
In severe cases involving threats, assault, or harassment, Indian Penal Code (IPC) sections such as 506 (criminal intimidation), 323 (causing hurt), or 354 (assault on women) may be used to protect any relative—male or female—of the survivor.
Support Under Other Acts
Senior citizens or dependent parents may be protected under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Children can also receive protection through the Juvenile Justice Act.
What Can Extended Relatives Do?
File an FIR if they face physical harm, threats, or harassment.
Request protection orders through the court either independently or via the survivor’s case.
Approach a Protection Officer for help in documentation and initiating legal action.
Seek inclusion in the survivor's ongoing legal case by providing witness statements or complaints.
Real-World Legal Interpretations
Delhi High Court Judgment (2018)
Allowed a daughter-in-law to seek protection from her husband's relatives who harassed her. The court recognized her right to live in the shared household even when facing threats from in-laws.
Supreme Court Rulings
Confirm that the right to residence extends to all women in domestic relationships, including widows and separated spouses, indirectly impacting their dependent relatives.
Consumer/Victim Safety Tips
Keep records of any threats, messages, or incidents of harassment.
Don’t confront the abuser directly—use legal routes through police or courts.
Encourage the survivor to file a comprehensive complaint that includes details of threats to other family members.
Use helplines (like 1091) or Protection Officers to file DIRs involving threats to family.
Involve NGOs or legal aid cells to get support for elderly or dependent relatives.
Example
A woman files a domestic violence complaint against her husband. After filing, the husband starts threatening her younger brother who supported her decision to leave. He also verbally abuses her elderly parents living in the same home.
Steps Taken:
The woman and her brother report the threats to the local police station.
A Protection Officer helps file a supplementary Domestic Incident Report including names of harassed relatives.
The court issues a protection order restraining the husband from contacting or approaching the family.
Her parents apply for support under the Senior Citizens Act for continued residence and maintenance.
The family installs security cameras and uses legal aid for continued protection.
